His appeal against deportation was upheld after lawyers claimed he would not get a fair trial in Jordan, where he is accused of plotting bomb attacks.
He will be subject to strict conditions including a curfew when he leaves Long Lartin prison in Worcestershire.
The home secretary has branded the ruling "deeply unsatisfactory".
Theresa May told the Commons that the government "has been doing everything it can to get rid of Abu Qatada and we will continue to do so".
She added: "Qatada is a dangerous man, a suspected terrorist, who is accused of serious crimes in his home country of Jordan.
"The British government has obtained from the Jordanian government assurances, not just in relation to the treatment of Qatada himself, but about the quality of the legal processes that would be followed throughout his trial.
"We will therefore seek leave to appeal today's decision