G v Secretary of State for the Home Department (INTERIM DECISION) [2004] EWCA Civ 265 (09 March 2004)

G v Secretary of State for the Home Department (INTERIM DECISION) [2004] EWCA Civ 265 (09 March 2004)

The Court of Appeal (majority) held that it had no statutory jurisdiction under section 7 of SIACA to entertain an appeal against SIAC's decision to grant bail, as the bail decision was not a final determination of an appeal. The court deferred final determination on SIAC's jurisdiction to grant bail and the compatibility of ATCSA with the Convention, pending further argument and notice to the Crown.

Citation
[2004] EWCA Civ 265
Parties
Applicant/proposed Respondent: G; Respondent/proposed Appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 March 2004
Procedural Posture
Appeal / Interim Decision on Application for Permission to Appeal From Siac's Grant of Bail
Outcome
Interim decision; no final determination on appeal jurisdiction or SIAC's bail jurisdiction; matter restored for further argument.
Legal Topics
Bail, Jurisdiction of SIAC, Compatibility With European Convention on Human Rights, Judicial Review, Appeals Process
Immigration Law Human Rights Law Administrative Law Bail Jurisdiction of SIAC Compatibility With European Convention on Human Rights Judicial Review Appeals Process

Case Brief

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Parties

G

Applicant/proposed Respondent

Secretary of State for the Home Department

Respondent/proposed Appellant

Procedural Posture

Appeal / Interim Decision on Application for Permission to Appeal From Siac's Grant of Bail

Legal Issues

  1. 1 Whether SIAC has jurisdiction to grant bail when not seized of an appeal
  2. 2 Whether the Court of Appeal has jurisdiction to hear an appeal against SIAC's grant of bail
  3. 3 Whether ATCSA is incompatible with the European Convention on Human Rights if SIAC cannot grant bail for breaches of Article 3 or 8

Ratio Decidendi

The Court of Appeal (majority) held that it had no statutory jurisdiction under section 7 of SIACA to entertain an appeal against SIAC's decision to grant bail, as the bail decision was not a final determination of an appeal. The court deferred final determination on SIAC's jurisdiction to grant bail and the compatibility of ATCSA with the Convention, pending further argument and notice to the Crown.

Court Disposition

Interim decision; no final determination on appeal jurisdiction or SIAC's bail jurisdiction; matter restored for further argument.

Orders

  • Application restored for further argument.
  • Crown to be notified that incompatibility may arise.