The Secretary of State wished to deport the applicant on the basis of his suspected involvement in acts of terrorism. An order for his deportation had been revoked by the respondent, but he had remained on very stringent bail conditions, since 2007.
Held: The case failed on the article 6 issue because (i) the decision to deport the appellant did not involve a determination of his civil rights and (ii) the grant of bail pending deportation (being ancillary to the deportation) did not do so either.
Judges:
Lord Neuberger MR, Hallett, McFarlane LJJ
Citations:
[2012] EWCA Civ 1499
Links:
Statutes:
Immigration Act 1971 3(5)(a), European Convention on Human Rights 6
Jurisdiction:
England and Wales
Citing:
Cited – Maaouia v France ECHR 5-Oct-2000
A deportation order, made against a Tunisian, was eventually quashed by the French Administrative Court and the Article 6 complaints related to the length of time taken in the proceedings. The Court’s reasoning why Article 6 does not apply to . .
Cited – Ferrazzini v Italy ECHR 12-Jul-2001
(Grand Chamber) The court had to decide whether tax proceedings brought by the state against an individual involved the determination of a civil right within the meaning of article 6(1). It was argued by the Government that the existence of an . .
Cited – BB v Secretary of State for the Home Department SIAC 2-Nov-2007
The applicant had been made subject to orders restricting his freedom, being suspected of involvement with terrorist activity.
Held: He should be granted bail, but subject to stringent conditions. . .
Cited – Pomiechowski v The District Court In Legnica, 59-220 Poland Admn 9-Nov-2012
. .
Lists of cited by and citing cases may be incomplete.
Immigration, Crime, Human Rights
Updated: 06 November 2022; Ref: scu.465879
