Abbasi and Another, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Office and others: CA 10 Sep 2002

The appellant was a British citizen detained at Guantanamo Bay by US authorities. He was captured by American forces in Afghanistan. He claimed that his detention was a violation of international law and that, under the United Kingdom Domestic Law, the defendants owed him a duty by diplomatic means to take reasonable steps to bring to an end his detention, or to bring to an end the features of that detention which allegedly violate international law.


Lord Phillips MR, Waller LJ, Carnwath J


[2002] EWCA Civ 1316




England and Wales

Cited by:

See AlsoRegina (Abbasi) v Secretary of State for Foreign Affairs CA 6-Nov-2002
There is no authority in law to support the imposition of an enforceable duty on the state to protect the citizen, and although the court was able to intervene, in limited ways, in the way in which the Foreign and Commonwealth Office used its . .
CitedSG and Others, Regina (on The Application of) v Secretary of State for Work and Pensions SC 18-Mar-2015
The court was asked whether it was lawful for the Secretary of State to make subordinate legislation imposing a cap on the amount of welfare benefits which can be received by claimants in non-working households, equivalent to the net median earnings . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 27 June 2022; Ref: scu.217549