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, whether under domestic law, the ECHR, or international law, to make formal representations to the United States for the release of non-national former UK residents detained at Guantanamo Bay. The distinction based on nationality is material and not unlawful discrimination. The government’s decisions were rational, took into account all material considerations, and did not violate the family claimants’ ECHR rights. The conduct of foreign relations remains within the broad discretion of the executive, and the courts will not intervene absent irrationality or failure to consider relevant matters.

Parties
Appellants: Al Rawi & Others; Respondents: Secretary of State for Foreign and Commonwealth Affairs & Anor; Intervener: UN High Commissioner for Refugees (intervening)
Jurisdiction
England and Wales
Judgment Date
12 October 2006
Procedural Posture
Judicial Review / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Diplomatic Protection, Discrimination, Legitimate Expectation, ECHR, Refugee Law
Public Law Human Rights Law International Law Judicial Review Diplomatic Protection Discrimination Legitimate Expectation ECHR +1 more

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Parties

Al Rawi & Others

Appellants

Secretary of State for Foreign and Commonwealth Affairs & Anor

Respondents

UN High Commissioner for Refugees (intervening)

Intervener

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether the UK government is under a legal duty to make formal representations to the US for the release of non-national former UK residents detained at Guantanamo Bay
  2. 2 Whether refusal to make such representations constitutes unlawful discrimination under the Race Relations Act 1976 and/or ECHR Article 14
  3. 3 Whether the claimants have enforceable legitimate expectations to such representations

Ratio Decidendi

The UK government is not under a legal duty, whether under domestic law, the ECHR, or international law, to make formal representations to the United States for the release of non-national former UK residents detained at Guantanamo Bay. The distinction based on nationality is material and not unlawful discrimination. The government’s decisions were rational, took into account all material considerations, and did not violate the family claimants’ ECHR rights. The conduct of foreign relations remains within the broad discretion of the executive, and the courts will not intervene absent irrationality or failure to consider relevant matters.

Court Disposition

Appeal dismissed

Orders

  • No relief granted to the appellants
  • No declaration that the UK government is under a duty to make formal representations for the release of the detainee claimants