The applicant sought judicial review of the defendant’s refusal to employ him to work at GCHQ, which had a policy not to employ anyone with non-British parents save exceptionally. The claimant said this was racially discriminatory.
Held: The nationality rules and waiver policy are maintained to ensure in the interest of national security, the loyalty of those employed at GCHQ: ‘Consequently, this decision, the content of the rules and their application are not justiciable.’
 EWHC Admin 153
International Covenant on Civil and Political Rights 1966 26, Race Relations Act 1976 75(5)(a)
England and Wales
Cited – Council of Civil Service Unions v Minister for the Civil Service HL 22-Nov-1984
Exercise of Prerogative Power is Reviewable
The House considered an executive decision made pursuant to powers conferred by a prerogative order. The Minister had ordered employees at GCHQ not to be members of trades unions.
Held: The exercise of a prerogative power of a public nature . .
Cited – Regina v Director of GCHQ ex parte Hodges QBD 20-Jul-1988
The Court accepted evidence that the positive vetting procedure operated at GCHQ was required in the interests of national security.
Held: The withdrawal of the applicant’s positive vetting clearance was not justiciable. As to the Civil . .
Cited – Regina v Secretary of State for the Home Department ex parte Chahal CA 27-Oct-1993
Chahal was a Sikh separatist leader who was refused asylum and whom the Secretary of State proposed to deport to India as a threat to national security here.
Held: The Home Secretary must balance the need to deport against against any threat . .
Cited – Kruse v Johnson QBD 16-May-1898
The validity of a by-law prohibiting the playing of music in a public place within fifty yards of any dwelling after being requested by a constable or resident of that dwelling to desist was upheld. A private citizen taxed with a criminal charge . .
Cited – Regina v Immigration Appeal Tribunal ex parte Begum QBD 1986
The court declared invalid a discrete part of one of the Immigration Rules which had a discriminatory effect which operated unjustly in the cases of those against whom it discriminated. . .
Cited – Regina v Ministry of Defence Ex Parte Smith and Others QBD 7-Jun-1995
An MOD ban on employing homosexuals was not Wednesbury unreasonable, even though it might be out of date. Pannick (counsel for the applicant, approved): ‘The court may not interfere with the exercise of an administrative discretion on substantive . .
Lists of cited by and citing cases may be incomplete.
Updated: 26 October 2021; Ref: scu.136701