A non-derogating control order had been made without the disclosure required by the decision of the House of Lords in Secretary of State for the Home Department v AF (No. 3) [2009] UKHL 28; [2010] 2 AC 269. The issue was whether it should be quashed.
Held: The appeal as allowed. The Secretary of State was not able to satisfy the court that the statutory test for making the NCO was met and because it was unlawful for the Secretary of State to take steps to make an NCO if he knew that later on he would have to rely upon material which he was unwilling at any stage to disclose.
Maurice Kay VP CA, Rix, Stanley Burnton LJJ
[2010] EWCA Civ 869
Bailii
Prevention of Terrorism Act 2005 3(10)
England and Wales
Cited by:
Cited – Begum v Special Immigration Appeals Commission and Others CA 16-Jul-2020
Return To UK to fight Citizenship Withdrawal
The appellant had, as a 15 year old, left to go to Iraq to be the ISIL terrorist group. She married an ISIL fighter and they had three children, the last one dying. Her citizenship of the UK had been withdrawn by the respondent leaving an . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 September 2021; Ref: scu.421102