The court considered a challenge to a non-derogating control order.
Held: Mitting J said: ‘the conclusion which I draw from the four speeches of the majority in MB is that unless, at a minimum, the Special Advocates are able to challenge the Secretary of State’s grounds for suspicion on the basis of instructions from the controlled person which directly address their essential features, the controlled person will not receive the fair hearing to which he is entitled except, perhaps, in those cases in which he has no conceivable answer to them’.
Judges:
Mitting J
Citations:
[2008] EWHC 372 (Admin)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Secretary of State for the Home Department v AH Admn 9-May-2008
The claimant, an Iraqi national, had been about to be deported when he was re-arrested for Terrorism offences for which he was acquitted. He was then made subject to a non-derogating control order. He now challenged the renewal of that order, even . .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights
Updated: 22 August 2022; Ref: scu.266040