Al Rawi & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs & Anor

Al Rawi & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs & Anor

The UK government is not under a legal duty, in domestic or international law, to make a formal request for the return of non-national former UK residents detained at Guantanamo Bay. The distinction between nationals and non-nationals is justified by international law and UK policy. The government's refusal to make a formal request is not irrational or discriminatory, and the court will not interfere with the exercise of discretion in foreign affairs absent illegality, irrationality, or failure to consider relevant matters. There is no breach of positive obligations under the ECHR or the Convention Against Torture, and the family claimants' rights under Articles 3 and 8 ECHR are not...

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, Consular Assistance, Refugee Rights, Torture and Inhuman Treatment, Discrimination, Foreign Relations Prerogative, Legitimate Expectation
Public Law International Law Human Rights Law Diplomatic Protection Consular Assistance Refugee Rights Torture and Inhuman Treatment Discrimination +2 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 for the return of non-national former UK residents detained at Guantanamo Bay
  2. 2 Whether the refusal to make such a request is discriminatory or irrational
  3. 3 Whether the UK government owes positive obligations under international law or the European Convention on Human Rights to intervene

Ratio Decidendi

The UK government is not under a legal duty, in domestic or international law, to make a formal request for the return of non-national former UK residents detained at Guantanamo Bay. The distinction between nationals and non-nationals is justified by international law and UK policy. The government's refusal to make a formal request is not irrational or discriminatory, and the court will not interfere with the exercise of discretion in foreign affairs absent illegality, irrationality, or failure to consider relevant matters. There is no breach of positive obligations under the ECHR or the Convention Against Torture, and the family claimants' rights under Articles 3 and 8 ECHR are not...

Court Disposition

Claim dismissed