The claimant had invited an Iranian dissident to speak in Parliament, and now challenged the decision of the Home Secretary to refuse her a visa on the basis that her exclusion was not conducive to the public good. She was a member of an organisation which had in the past supported terrorism, and had first been excluded in 1997, but then the proscription had been quashed by the POAC.
Held: ‘It was a sad irony that, on the day following the tragic death of Marie Colvin, an intrepid journalist seeking to convey the truth of atrocities in Syria, this Court heard a case in which the Home Secretary seeks to uphold a restriction on the right of members of the Houses of Parliament to receive in the Palace of Westminster information from and the opinions of a prominent Iranian dissident whose country is an ally of the Syrian government. From the beginning, my heart has been with the Claimants, and I would dearly have liked to find in their favour. Reluctantly, however, I have concluded that it would be wrong to do so.
The Secretary of State is accountable for her decisions legally and politically. In my judgment, she has shown that her decisions are lawful. Her political accountability, for the wisdom or otherwise of her decisions, is to Parliament.’
Judges:
Stanley Burnton LJ, Underhill J
Citations:
[2012] EWHC 617 (Admin)
Links:
Statutes:
Terrorism Act 2000 3, European Convention on Human Rights 9 10
Citing:
See Also – Lord Alton of Liverpool and Others v Secretary of Dtate for the Home Department POAC 30-Nov-2007
The Mujaheddin-e-Khalq had been proscribed under the 2000 Act by the respondent. It now appealed against such proscription.
Held: The organisation had in the past used terrorist methods, but had repeatedly now renounced the use of violence. . .
Cited – Tabernacle v Secretary of State for Defence CA 5-Feb-2009
The claimant sought judicial review to test the validity of the bye-laws which prohibited them from camping on public land to support their demonstration.
Held: The bye-laws violated the claimant’s right to freedom of assembly and of . .
Cited – The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard Camp Representative) and Others CA 22-Feb-2012
The defendants sought to appeal against an order for them to vacate land outside St Paul’s Cathedral in London which they occupied as a protest.
Held: The application for leave to appeal failed. The only possible ground for appeal was on the . .
Cited – Vogt v Germany ECHR 1-Nov-1995
The German courts construed a teacher’s duty of loyalty as absolute and owed equally by every civil servant, regardless of his or her function and rank under national law. Every civil servant, whatever his or her own opinion on the matter, must . .
Cited – Ahmed And Others v The United Kingdom ECHR 2-Sep-1998
The restriction on local government officers and other against some political activities were not an infringement of their human rights and fell within the requirements for free expression and for free elections
‘The Court recalls that in its . .
Cited – Naik, Regina (on The Application of) v Secretary of State for The Home Department CA 19-Dec-2011
The claimant challenged the decision of the respondent to revoke his entry visa, saying ‘he was to be excluded ‘for engaging in unacceptable behaviour by making statements that attempt to justify terrorist activity and fostering hatred’.’
Cited – Matalulu v Director of Public Prosecutions 2003
(Supreme Court of Fiji) The court considered the nature of judicial control (if any) over decisions by authorities to commence prosecutions and said: ‘the polycentric character of official decision-making in such matters including policy and public . .
Cited – Corner House Research and Others, Regina (on the Application of) v The Serious Fraud Office HL 30-Jul-2008
SFO Director’s decisions reviewable
The director succeeded on his appeal against an order declaring unlawful his decision to discontinue investigations into allegations of bribery. The Attorney-General had supervisory duties as to the exercise of the duties by the Director. It had . .
Cited – Zatuliveter v Secretary of State for The Home Department SIAC 29-Sep-2011
SIAC Deportation – The Hearing of An Application By The Appellant – Refused – the Court or Commission can make findings of primary facts from which it can decide the principal issue in controversy – recusal of . .
Cited by:
Appeal from – Lord Carlile of Berriew and Others, Regina (on The Application of) v Secretary of State for The Home Department CA 20-Mar-2013
The applicants complained of the refusal of a visitors permit by the respondent to an eminent Iranian dissident.
Held: The appeal was dismissed. Although the decision was an interference in the human rights of the applicants, that . .
At Administrative Court – Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 12-Nov-2014
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 05 October 2022; Ref: scu.452181