Kiani v The Secretary of State for The Home Department: CA 21 Jul 2015

Lord Dyson MR (with whom Richards LJ and Lewison LJ agreed) held that the requirements of article 6 ‘depend on context and all the circumstances of the case’. The court will strike an appropriate balance between the requirements of national security and the right of an individual to effective judicial protection. The balancing of these competing interests must take account of all the facts of the particular case.


Lord Dyson MR, Richards, Lewison LJJ


[2015] EWCA Civ 776, [2015] WLR(D) 325, [2016] QB 595


Bailii, WLRD


European onvention on Human Rights 6


England and Wales


Appeal fromKiani v Secretary of State for The Home Department EAT 21-Nov-2014
EAT National Security – An immigration officer, C employed by the Home Office was suspended, his security clearance withdrawn, and then dismissed, all without any reason being given to him. He claimed it was . .

Cited by:

CitedReprieve and Others, Regina (on The Application of) v The Prime Minister Admn 30-Jun-2020
Standing may not be enough for JR
The claimants sought judicial review of the defendant’s decision that it was no longer necessary to establish a public inquiry to investigate allegations of involvement of the United Kingdom intelligence services in torture, mistreatment and . .
Lists of cited by and citing cases may be incomplete.

Employment, Discrimination, Human Rights

Updated: 07 December 2022; Ref: scu.550369