Whether the present proceedings breach the claimant’s right to a fair trial under article 6 of the Convention.
The claimant applied for a review of two of the obligations imposed on him after his return to the United Kingdom under a Temporary Exclusion Order. The obligations are made under section 9 of ‘the 2015 Act. In their current form, they are as follows:
(i) A reporting obligation: the claimant must report daily to a named police station between specified hours; and
(ii) An appointments obligation: the claimant must each week attend a two-hour appointment with a mentor from the Home Office Desistance and Disengagement Programme and a two-hour appointment with a theologian.
In his written grounds for review the claimant sought an order quashing the obligations. He submits that each of the obligations engages his right to respect for private and family life under article 8 of the Convention and that they breach article 8 because they are neither necessary nor proportionate.
Judges:
Farbey J
Citations:
[2020] EWHC 2508 (Admin)
Links:
Statutes:
European Convention on Human Rights 6, Counter-Terrorism and Security Act 2015 9
Jurisdiction:
England and Wales
Citing:
See Also – QX v Secretary of State for The Home Department Admn 15-May-2020
Challenge to Temporary Exclusion Order.
Held: The concept of ‘civil rights and obligations’ cannot be interpreted solely by reference to national law but has an autonomous meaning within article 6(1) . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Crime, Immigration
Updated: 11 July 2022; Ref: scu.654034