The Secretary of State appealed against an order granting judicial review of his decision to place the claimants on a list of those associated with terrorist organisations. They had been placed on the list without being given opportunity to make representations, thus, they said, infringing their human rights.
Held: The appeal was allowed.
Sedley LJ said: ‘A public law challenge in England and Wales does not depend on the existence and invasion of a positive right, though it may well involve these: it depends only on the claimant’s having a sufficient interest in an arguable abuse of power. This both claimants clearly have. But while their Convention rights will, if they succeed, be vindicated, the challenge to the state’s acts does not turn on this. It turns on the propriety of the acts and omissions which have brought about the interference with their interests and rights.’
Judges:
Sedley LJ
Citations:
[2011] EWCA Civ 350, [2012] 2 WLR 251, [2012] QB 477
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
England and Wales
Cited by:
Cited – King, Regina (on The Application of) v Secretary of State for Justice CA 27-Mar-2012
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with . .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights
Updated: 06 September 2022; Ref: scu.432727