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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Secretary of State for the Home Department v. AF, AM, AN; AE v. Secretary of State for the Home Department

On appeal from the Queen's Bench Division, Administrative Court: The Hon Mr Justice Stanley Burnton (AF); The Hon Mr Justice Sullivan (AM); The Hon Mr Justice Mitting (AN); and The Hon Mr Justice Silber (AE). The principal issue in all these appeals was what principles govern the question whether, in the light of the decision of the House of Lords in SSHD v MB and AF [2007] UKHL 46, the controlee has had a fair hearing compatible with Article 6 of the European Convention on Human Rights of the issue whether there are reasonable grounds for suspecting that he is or has been involved in terrorism-related activity. Exceptionally, the Court of Appeal granted permission to appeal to the House of Lords in AE, AF and AN on all Article 6 related issues but not otherwise. The House of Lords subsequently allowed the appeals: [2009] UKHL 28.

17 October 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Confidentiality - Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Right to justice - Rule of law / Due process / Procedural fairness - Terrorism | Countries: United Kingdom of Great Britain and Northern Ireland

HH (Iran) v. Secretary of State for the Home Department

On appeal from the Asylum and Immigration Tribunal (AIT No: AA/03874/2006).

14 April 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Criminal justice - EU Qualification Directive - Legal representation / Legal aid - Persecution based on political opinion - Right to justice | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

Othman (Jordan) v. Secretary of State for the Home Department

On appeal from the Special Immigration Appeals Commission: Omar Othman (aka Abu Qatada) v. Secretary of State for the Home Department (SC/15/2005). The judgment was subsequently appealed before the House of Lords: RB (Algeria) (FC) and Another v. Secretary of State for the Home Department; OO (Jordan) v. Secretary of State for the Home Department [2009] UKHL 10.

9 April 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Extradition - Freedom from torture, inhuman and degrading treatment - Independence of judiciary - Prosecution vs persecution - Right to justice - Terrorism | Countries: Jordan - United Kingdom of Great Britain and Northern Ireland

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