Al Rawi & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs & Anor [2006] EWHC 972 (Admin) (04 May 2006)

Al Rawi & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs & Anor [2006] EWHC 972 (Admin) (04 May 2006)

The UK government is not under a legal duty to make formal requests for the return of non-British nationals detained abroad, even if they are long-term residents, and the decision whether to make such representations is a matter of executive discretion. There is no unlawful discrimination or breach of human rights in the refusal to make such requests, as the policy of limiting consular protection to nationals is longstanding, rational, and not irrational or perverse. The court is bound by the Court of Appeal's decision in R (Abbasi), which establishes that there is no enforceable duty to intervene, and that the government's decision is subject only to limited judicial review for...

Citation
[2006] EWHC 972 (Admin)
Parties
Claimants: Bisher Al Rawi & Others; First Defendant: Secretary of State for Foreign & Commonwealth Affairs; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
04 May 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Diplomatic Protection, Legitimate Expectation, Discrimination, Consular Assistance, Article 3 ECHR, Article 8 ECHR, Article 14 ECHR, Race Relations Act 1976
Public Law Human Rights Law International Law Diplomatic Protection Legitimate Expectation Discrimination Consular Assistance Article 3 ECHR +3 more

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Parties

Bisher Al Rawi & Others

Claimants

Secretary of State for Foreign & Commonwealth Affairs

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the UK government is under a duty to make a formal request to the US for the release and return of non-British nationals detained at Guantanamo Bay who are long-term UK residents
  2. 2 Whether refusal to make such a request constitutes unlawful discrimination under the Race Relations Act 1976 and/or Article 14 ECHR
  3. 3 Whether the UK government's actions or omissions breach the claimants' rights under Articles 3 and 8 ECHR

Ratio Decidendi

The UK government is not under a legal duty to make formal requests for the return of non-British nationals detained abroad, even if they are long-term residents, and the decision whether to make such representations is a matter of executive discretion. There is no unlawful discrimination or breach of human rights in the refusal to make such requests, as the policy of limiting consular protection to nationals is longstanding, rational, and not irrational or perverse. The court is bound by the Court of Appeal's decision in R (Abbasi), which establishes that there is no enforceable duty to intervene, and that the government's decision is subject only to limited judicial review for...

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No declarations or orders granted in favour of the claimants