Lawyers for three UK residents being held at Guantanamo Bay returned to London’s High Court yesterday to seek an order that would force the government to press for their release.

The three men – Iraqi Bisher al-Rawi, 37, his Jordanian business partner Jamil el-Banna and Omar Deghayes, who was detained in Pakistan – are long-term residents of the UK but not citizens.

Last month, senior British judge Andrew Collins said he would allow the legal action, adding that the United States’ idea of what constituted torture was “not the same as ours and doesn’t appear to coincide with that of most civilised countries”.

However he also said there was no guarantee the case would succeed as there were formidable arguments against such an order being made.

The hearing is expected to last for three days and will be heard by two of the country’s most senior judges – Lord Justice Latham and Mr Justice Tugendhat.

The government says it can not petition for the men’s release because they are not British citizens. Nine Britons previously held at Guantanamo Bay have been released and freed without charge. The men’s solicitor, Gareth Peirce, said last month’s ruling by Judge Collins was “the first ray of light that we have had”.

Collins said in giving permission that the case was an important one and that it would involve examination of the extent of the government’s obligations in respect of Guantanamo Bay.