The £150 million scheme would create a new 85km road running from New Buildings, via Strabane, Newtownstewart, Omagh and Ballygawley and terminating near the border at Aughnacloy.
Construction stalled on the project earlier this year after judicial proceedings were launched by umbrella opposition group the Alternative A5 Alliance.
SDLP MLA Daniel McCrossan has now called for the progression of the scheme following a High Court hearing where senior Counsel for the DfI requested its decision to continue the scheme to be quashed.
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He said: "Today is not a triumph for the AA5A. I still have full confidence the scheme will go ahead next Autumn if officials progress it under new legislation introduced by the Secretary of State. This legislation negates the AA5A's main legal argument.
"It is reprehensible that we have gotten to this stage to begin with. The AA5A and their actions have been deplorable. How they can proceed with a court case when tens of families across the region have unnecessarily lost loves ones is beyond me.
"The West and North West of this province deserve this road that; a road that will prevent death, increase investment and grow connectivity. This scheme has generated widespread support from the public and businesses alike. They are fed up of delays and kicking the issue down the line.
"I am now calling on the Department, its Permanent Secretary, to again move ahead with the legal orders necessary to progress the A5 and deliver first class infrastructure for the area. This must be soon as soon as practically possible."
(CM)
