Murungaru v Secretary of State for the Home Department and others: CA 12 Sep 2008

The claimant was a former Kenyan minister. He had been visiting the UK for medical treatment. His visas were cancelled on the basis that his presence was not conducive to the public good. Public Interest Immunity certificates had been issued to prevent his seeing some the evidence on which the orders had been made. A special advocate was requested by the respondent.
Held: In this case the human rights point added nothing to his case: he had the right to a fair hearing. While some contract rights had been held to be possessions under the Convention it was not clear that a right to receive medical treatment amounted to such.
As to the need for a special advocate, the request failed: ‘applying the principles which ought to govern requests for a special advocate in proceedings of this kind, the material covered by the PII certificate does not warrant the appointment of a special advocate. There is no reason to think that the judge, in what is now purely a common law due process claim, cannot do what a special advocate might otherwise do by way of critical examination of the closed material in the claimant’s absence, assuming that the material turns out to have any useful bearing at all.’
Sedley LJ described the special advocate’s role as being ‘to test by cross-examination, evidence and argument the strength of the case for non-disclosure’, and, if the case for non-disclosure is made out, ‘to do what he or she can to protect the interests of [the other party], a task which has to be carried out without taking any instructions [from the other party or his lawyers] on any aspect of the closed material’.

Sedley LJ, Jacob LJ, Lewison LJ
[2008] EWCA Civ 1015, [2009] INLR 180
European Convention on Human Rights 6(1)
England and Wales
See AlsoMurungaru v Secretary of State for the Home Department and others Admn 4-Oct-2006
The claimant challenged the decision of the respondent that his continued presence in the UK would not be conducive to the public good. He had been given multiple entry visas which had been revoked.
Held: The refusal of entry interfered with . .
Appeal fromMurungaru, Regina (on the Application of) v Secretary of State for the Home Department Admn 30-Nov-2006
The applicant, a former minister in the Government of Kenya challenged the revocation of entry visas. This had been done on the basis of evidence withheld from him, and the court considered the way in which that evidence could be used by the use of . .
CitedScott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
CitedMalik v Manchester Crown Court and others; Re A Admn 19-Jun-2008
The claimant was a journalist writing about terrorism. He had interviewed a man with past connections with Al-Qaeda, and he now objected to a production order for documents obtained by him in connecion with his writings. The court had acted on . .
CitedMaaouia 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 . .
CitedVan Marle And Others v The Netherlands ECHR 26-Jun-1986
The applicants were accountants who had practised as such for some years when a new statute came into force which required then to register. Their applications were refused.
Held: Article 1PI was engaged. In paragraphs 41 and 42 the Court said . .
CitedSecretary of State for the Home Department v MB; Same v AF HL 31-Oct-2007
Non-derogating control orders – HR Compliant
MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square . .
CitedMellacher and Others v Austria ECHR 19-Dec-1989
The case concerned restrictions on the rent that a property owner could charge. The restrictions were applied to existing leases. It was said that the restrictions brought into play the second paragraph of Article 1 of the First Protocol to the . .
CitedTre Traktorer Aktiebolag v Sweden ECHR 7-Jul-1989
An alcohol licence for a restaurant was withdrawn with immediate effect because of financial irregularities, with the result that the restaurant business collapsed.
Held: ‘The government argued that a licence to sell alcoholic beverages could . .
CitedA v Secretary of State for the Home Department, and X v Secretary of State for the Home Department HL 16-Dec-2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they . .
CitedTorkington v Magee 11-Jul-1902
Chose in Action defined
The effect of the 1873 Act was essentially procedural and it did not render choses in action that had not previously been assignable in equity capable of assignment.
Channell J defined a debt or other legal chose in action: ”Chose in Action’ . .
CitedKarni v Sweden ECHR 8-Mar-1988
(Commission) The applicant was a doctor who, on his return to Sweden, was entered on the list of those affiliated to the Social Security System which meant he could carry on a private medical practice and receive payment for treatment provided to . .
CitedAssociation of General Practitioners v Denmark ECHR 1989
The contractual entitlement of Danish GPs under a collective agreement to indexation of their remuneration was accepted by the Commission as amounting to a possession under the Convention. . .
CitedNicholds and others v Security Industry Authority Admn 19-Jul-2006
Application for judicial review of, in substance, the licensing criteria prepared and published by the Defendant, the Security Industry Authority. The applicants were door supervisors refused licenses for previous convictions. . .
CitedInvestors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
CitedGasus Dosier-Und Fodertechnik Gmbh v The Netherlands ECHR 23-Feb-1995
Even where an interference in property rights involved the complete loss of a person’s economic interest in an asset for the benefit of the State, an absence of compensation might still be compatible with Article 1. ‘The Court recalls that the . .

Cited by:
CitedTimes Newspapers Ltd v Secretary of State for the Home Department and AY Admn 17-Oct-2008
The newspaper applied to challenge the protection of the identity of the defendant subject to a control order under the 2005 Act. It said that there was no basis for the making of the order without first considering the Human Rights need for open . .
CitedTariq v The Home Office EAT 16-Oct-2009
(1) The procedure sanctioned by rule 54 of the Employment Tribunals Rules of Procedure, and by the Employment Tribunals (National Security) Rules . .
CitedAl Rawi and Others v The Security Service and Others QBD 18-Nov-2009
The claimants sought damages from the defendants saying that they had been held and ill treated at various detention centres by foreign authorities, but with the involvement of the defendants. The defendants sought to bring evidence before the court . .
CitedAl Rawi and Others v The Security Service and Others CA 4-May-2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory . .
CitedBank Mellat v Her Majesty’s Treasury CA 4-May-2010
The claimants sought damages after being made subject of orders under the 2009 Order. Both parties appealed against an order (partly closed) allowing some but restricting other disclosure and use against the claimants in court of evidence which they . .
CitedSher and Others v Chief Constable of Greater Manchester Police and Others Admn 21-Jul-2010
The claimants, Pakistani students in the UK on student visas, had been arrested and held by the defendants under the 2000 Act before being released 13 days later without charge. They were at first held incognito. They said that their arrest and . .
CitedChief Constable and Another v YK and Others FD 6-Oct-2010
The court gave directions in Forced Marriage Protection order applications. An order had been made at the request of the police on behalf of A, and the court had declined to discharge it on A’s own application.
Held: Special advocates were not . .
CitedHome Office v Tariq SC 13-Jul-2011
(JUSTICE intervening) The claimant pursued Employment Tribunal proceedings against the Immigration Service when his security clearance was withdrawn. The Tribunal allowed the respondent to use a closed material procedure under which it was provided . .

Lists of cited by and citing cases may be incomplete.

Immigration, Human Rights, Natural Justice, Litigation Practice

Updated: 09 November 2021; Ref: scu.276226