The British government asked the Jordanian authorities to consider pardoning radical cleric Abu Qatada, it has emerged in court.
But an appeal hearing was told that Jordan said that would not be possible and he would have to stand trial there.
Jordan also refused a UK request to ensure evidence from torture was not used against him, a judge heard.
Abu Qatada is challenging Home Secretary Theresa May's decision to order his deportation to Jordan.
Mr Justice Mitting is hearing the case at a Special Immigration Appeals Commission in the UK, which is expected to last eight days.
The preacher has begun what may be the last appeal in his seven-year legal battle.
The judge has already said the Jordanian terror suspect's links to an alleged bomb plot looked to be "extremely thin".
He stated that the "only evidence" of a link was that Abu Qatada had paid $5,000 (£3,100) for a computer.
Lawyers for the home secretary claim Abu Qatada is "scraping the barrel" in his attempts to avoid deportation.
The UK says he is a threat to security but his lawyers question Jordanian assurances over torture evidence.
The Special Immigration Appeals Commission (Siac) is a semi-secret court that deals with national security deportations where some of the sensitive material cannot be disclosed in public.
Abu Qatada has been accused of involvement in a plot to cause explosions on Western and Israeli targets in Jordan, to coincide with the millennium celebrations.
He has been found guilty in his absence by a court in Jordan but if returned there the conviction will be set aside so a retrial can take place.
Reviewing legal documents, Mr Justice Mitting said they suggested that an alleged co-conspirator - who has claimed he was tortured before giving evidence - had been given the money by Abu Qatada.
"If that's the only evidence in the case... it's difficult to understand on what basis the appellant [Abu Qatada] could be prosecuted," the judge said.
Danny Friedman, representing Abu Qatada, agreed and said there were "very serious problems" with the case.
He added that witnesses did not give statements voluntarily and were "threatened with torture" while in detention in Jordan.
But a document submitted to the court by lawyers for Home Secretary Teresa May claim Abu Qatada had "failed to demonstrate" that his removal to Jordan would amount to a "flagrant denial of justice".
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