XH and AIT, Regina (on The Application of) v Secretary of State for The Home Department: Admn 28 Jul 2016

The claimants challenged the right of the respondent, purporting to us the royal prerogative, to withdraw their passports on being suspect of terrorist links.
Held: The claims were dismissed. The use of the Royal Preogative was long established, and ‘we are in no doubt that it is not to be implied that Parliament intended to abrogate the Royal Prerogative power in relation to terrorism related activities when it enacted the TPIM Act.’

Judges:

Hamblen LJ, Cranston J

Citations:

[2016] EWHC 1898 (Admin), [2016] WLR(D) 437

Links:

Bailii, WLRD

Statutes:

Terrorism Prevention and Investigation Measures Act 2011, Charter of Fundamental Rights of the European Union 41, Parliament and Council Directive EC/2004/38 27

Jurisdiction:

England and Wales

European, Human Rights, Constitutional

Updated: 30 May 2022; Ref: scu.567875