XH v Secretary of State for the Home Department [2015] EWHC 2932 (Admin) (21 October 2015)

XH v Secretary of State for the Home Department [2015] EWHC 2932 (Admin) (21 October 2015)

The statutory pre-condition and both conditions under section 6 of the Justice and Security Act 2013 are satisfied: sensitive material would be required to be disclosed but for the possibility of a PII claim, and it is in the interests of the fair and effective administration of justice to permit a closed material procedure. A PII exercise with gisting would not provide an adequate alternative. The court exercises its discretion to grant the declaration.

Citation
[2015] EWHC 2932 (Admin)
Parties
Claimant / Respondent: XH; Defendant / Applicant: Secretary of State for the Home Department; Special Advocates: Ashley Underwood QC and Bilal Rawat
Jurisdiction
England and Wales
Judgment Date
21 October 2015
Procedural Posture
Judicial Review / Application for Declaration Under Section 6 Justice and Security Act 2013
Outcome
Declaration granted
Legal Topics
Closed Material Procedure, Disclosure, Public Interest Immunity, Passport Cancellation, Article 8 ECHR, EU Free Movement Rights
Public Law National Security Human Rights Closed Material Procedure Disclosure Public Interest Immunity Passport Cancellation Article 8 ECHR +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

XH

Claimant / Respondent

Secretary of State for the Home Department

Defendant / Applicant

Ashley Underwood QC and Bilal Rawat

Special Advocates

Procedural Posture

Judicial Review / Application for Declaration Under Section 6 Justice and Security Act 2013

Legal Issues

  1. 1 Whether the statutory pre-condition and conditions for a section 6 declaration under the Justice and Security Act 2013 are met
  2. 2 Whether a closed material procedure is necessary or if public interest immunity with gisting is a sufficient alternative
  3. 3 Whether the discretion to grant a section 6 declaration should be exercised

Ratio Decidendi

The statutory pre-condition and both conditions under section 6 of the Justice and Security Act 2013 are satisfied: sensitive material would be required to be disclosed but for the possibility of a PII claim, and it is in the interests of the fair and effective administration of justice to permit a closed material procedure. A PII exercise with gisting would not provide an adequate alternative. The court exercises its discretion to grant the declaration.

Court Disposition

Declaration granted

Orders

  • Declaration made under section 6 of the Justice and Security Act 2013 permitting a closed material application by the Secretary of State for the Home Department
  • Rolled-up hearing for permission to proceed to take place before a divisional court