A, X and Y, & Ors v Secretary of State for the Home Department [2002] EWCA Civ 1502 (25 October 2002)

A, X and Y, & Ors v Secretary of State for the Home Department [2002] EWCA Civ 1502 (25 October 2002)

The Court of Appeal held that the differential treatment of non-nationals under the Anti-Terrorism, Crime and Security Act 2001 and the Derogation Order was objectively justified and did not amount to unlawful discrimination under Article 14 ECHR. The distinction between nationals and non-nationals is recognised in domestic and international law, and Parliament was entitled to limit the derogation and detention powers to non-nationals as strictly required by the exigencies of the public emergency. The Secretary of State's assessment of the necessity of the measures was entitled to judicial deference. The appeal was allowed and the cross-appeals dismissed.

Citation
[2002] EWCA Civ 1502
Parties
Claimants/respondents: A, X and Y, and Others; Defendant/appellant: Secretary of State for the Home Department; Intervener: Liberty (Intervener)
Jurisdiction
England and Wales
Judgment Date
25 October 2002
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Special Immigration Appeals Commission
Outcome
Appeal allowed; cross-appeals dismissed.
Legal Topics
Derogation From ECHR, Discrimination Under Article 14 ECHR, Detention Under Anti Terrorism, Crime and Security Act 2001, National Security and Public Emergency, Judicial Deference to Executive, Compatibility of Legislation With ECHR
Human Rights Law Immigration Law Constitutional Law Derogation From ECHR Discrimination Under Article 14 ECHR Detention Under Anti Terrorism, Crime and Security Act 2001 National Security and Public Emergency Judicial Deference to Executive +1 more

Case Brief

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Parties

A, X and Y, and Others

Claimants/respondents

Secretary of State for the Home Department

Defendant/appellant

Liberty (Intervener)

Intervener

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Special Immigration Appeals Commission

Legal Issues

  1. 1 Whether the Anti-Terrorism, Crime and Security Act 2001 and the Human Rights Act 1998 (Designated Derogation) Order 2001 unlawfully discriminate against non-nationals in breach of Article 14 ECHR when permitting their detention on national security grounds
  2. 2 Whether the derogation from Article 5 ECHR was strictly required by the exigencies of the situation under Article 15 ECHR
  3. 3 Whether Parliament was entitled to limit detention powers to non-nationals only

Ratio Decidendi

The Court of Appeal held that the differential treatment of non-nationals under the Anti-Terrorism, Crime and Security Act 2001 and the Derogation Order was objectively justified and did not amount to unlawful discrimination under Article 14 ECHR. The distinction between nationals and non-nationals is recognised in domestic and international law, and Parliament was entitled to limit the derogation and detention powers to non-nationals as strictly required by the exigencies of the public emergency. The Secretary of State's assessment of the necessity of the measures was entitled to judicial deference. The appeal was allowed and the cross-appeals dismissed.

Court Disposition

Appeal allowed; cross-appeals dismissed.

Orders

  • Secretary of State's appeal from SIAC allowed
  • Respondents' cross-appeals dismissed