UDA brigade leader Johnny Adair has been given leave to seek a judicial review into the decision of the Northern Secretary, Mr Paul Murphy, to have him rearrested and imprisoned.
Adair (39) was returned to Maghaberry Prison last week after the Northern Secretary revoked the licence which gave the Lower Shankill UDA leader his freedom.
Adair is claiming his imprisonment is a breach of his human rights because he is being denied a fair hearing of his charges.
His lawyer, Mr Frank O'Donoghue QC, told Belfast High Court yesterday that the appointment by Mr Murphy of an independent commissioner to consider the case did not satisfy the terms of the European Convention of Human Rights.
As the independent commissioner was appointed by the Northern Secretary, this did not give it the necessary impartiality.
Granting leave for the application, Mr Justice Kerr said this did not in any way forecast the outcome of the application. "The applicant faces formidable difficulties in pursuing his application."
Mr Declan Morgan QC, opposing the application, said the independent commissioner was an adequate safeguard in protecting Adair's rights. The court will reconvene on Tuesday to consider the application.
Explaining his decision last week, Mr Murphy said Adair had been involved in a series of crimes, including directing terrorism, drug dealing, extortion, distribution of weapons and money laundering.
The judge rejected an application by Adair's lawyers on Monday seeking his release by writ of habeus corpus, ruling it was unfounded.
It is the second time the Shankill Road paramilitary leader has been returned to prison since his release in 1999 under the terms of the Belfast Agreement. Before his first release he had served half of a 16-year sentence for directing terrorism.
He was first returned to custody in August 2000 when the then northern secretary, Mr Peter Mandelson, ruled he remained involved in paramilitary activity.
A judicial review was launched in February 2001 appealing this decision, but was abandoned in October and Adair was eventually released in May 2002.
His new release date is January 2005.