Othman (Abu Qatada) (Jordan) v Secretary of State for the Home Department: CA 9 Apr 2008

The claimant appealed an order for his deportation back to Jordan, saying that if returned there was a real risk that he would face a trial based on evidence obtained by torture.
Held: The appeal succeeded. A foreign national could not be deported under such circumstances since they would breach his right to a fair trial.


Sir Anthony Clarke, Master of the Rolls, Lord Justice Buxton and Lady Justice Smith


[2008] EWCA Civ 290, [2008] 3 WLR 798, Times 15-Apr-2008, [2008] HRLR 26, [2008] UKHRR 761




European Convention on Human Rights 6


England and Wales


CitedRegina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .

Cited by:

CitedAl-Saadoon and Another, Regina (on the Application of) v Secretary of State for Defence Admn 19-Dec-2008
The two applicants had been detained by the armed forces in Iraq suspected of murder. They sought release before being transferred to the civilian authorities for trial saying that the trials would not be fair. The respondent denied that the . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Immigration

Updated: 02 September 2022; Ref: scu.266519