Egypt urged to deport Al Jazeera journalist

The family of jailed Al Jazeera journalist Peter Greste have applied to have him deported from Egypt, describing it as their "best option" after a court ordered a retrial in his case.

Greste, along with colleagues Canadian-Egyptian Mohamed Fahmy and Egyptian Baher Mohamed, has been imprisoned for 370 days in Egypt for 369 days, after being falsely accused and then found guilty of aiding the outlawed Muslim Brotherhood.

"Peter's Egyptian lawyer lodged an application with the Egyptian attorney-general's office to have Peter deported," Mike and Andrew Greste, the brothers of Greste, told reporters in Brisbane, Australia.

The brothers said on Friday the decision by an appeals court to order a retrial was a "positive step in the legal process and one step closer to justice being served."

But they added that a decree from Egyptian President Abdel Fattah al-Sisi in November allowing him to deport foreigners sentenced to prison or on trial was "the best option to get Peter home."

Speaking to Al Jazeera, Andrew Greste said the family was "seeking application to have Peter brought back to Australia."

Australian Foreign Minister Julie Bishop said Greste could be transferred home under the decree, although it had yet to be tested.

"The law is not very clear. It is a new law. But it does provide for a couple of options for prisoners to be transferred back to their home country — in this case, Australia," Bishop told the Australian Broadcasting Corporation.

If the deportation application fails, the brothers said Greste's lawyer would apply for bail at the retrial, adding they had been advised that it could start in 45 days.

Greste and Fahmy were sentenced to seven years in prison, while Mohamed received an additional three years for having a spent bullet in his possession, which he had picked up at a protest site.

The three defendants were not at Thursday's hearing in Cairo, which lasted just 30 minutes.

Al Jazeera has called the accusations against its three journalists absurd and repeatedly demanded their release.

Amnesty International said the retrial acknowledged major flaws in the original convictions."These men should never have been jailed in the first place and should not have to spend one more day in prison. Instead of prolonging their unjust detention pending a retrial, they must be freed immediately," said Hassiba Hadjsahraoui, Amnesty International’s Middle East and North Africa Deputy Director.

Al Jazeera