G v Secretary of State for the Home Department (INTERIM DECISION)

G v Secretary of State for the Home Department (INTERIM DECISION)

The Court of Appeal (majority) held that it had no jurisdiction under section 7 of SIACA to hear an appeal against SIAC's decision to grant bail, as the bail decision was not a final determination of an appeal. The subsequent bail application was a discrete proceeding, not material to the original appeal against certification. The court reserved the question of whether judicial review would lie against SIAC's bail decision and ordered further argument on this and the compatibility of ATCSA with the Convention.

Parties
Applicant/proposed Respondent: G; Respondent/proposed Appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
09 March 2004
Procedural Posture
Civil Appeal / Interim Decision on Application for Permission to Appeal
Outcome
Interim decision; no final determination on merits; further argument ordered
Legal Topics
Jurisdiction of SIAC, Bail for Suspected Terrorists, Compatibility With European Convention on Human Rights, Judicial Review of SIAC Decisions
Immigration Law Human Rights Law Administrative Law Jurisdiction of SIAC Bail for Suspected Terrorists Compatibility With European Convention on Human Rights Judicial Review of SIAC Decisions

Case Brief

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Parties

G

Applicant/proposed Respondent

Secretary of State for the Home Department

Respondent/proposed Appellant

Procedural Posture

Civil Appeal / Interim Decision on Application for Permission to Appeal

Legal Issues

  1. 1 Whether SIAC has jurisdiction to grant bail when not seized of an appeal
  2. 2 Whether the Court of Appeal has jurisdiction to hear an appeal against SIAC's bail decision
  3. 3 Whether ATCSA is incompatible with the European Convention on Human Rights

Ratio Decidendi

The Court of Appeal (majority) held that it had no jurisdiction under section 7 of SIACA to hear an appeal against SIAC's decision to grant bail, as the bail decision was not a final determination of an appeal. The subsequent bail application was a discrete proceeding, not material to the original appeal against certification. The court reserved the question of whether judicial review would lie against SIAC's bail decision and ordered further argument on this and the compatibility of ATCSA with the Convention.

Court Disposition

Interim decision; no final determination on merits; further argument ordered

Orders

  • Application restored for further argument
  • Crown to be notified that an issue of incompatibility may arise