Secretary of State for the Home Department v AR & Ors [2008] EWHC 2789 (Admin) (14 November 2008)

Secretary of State for the Home Department v AR & Ors [2008] EWHC 2789 (Admin) (14 November 2008)

The minimum standard of fairness required by Article 6(1) ECHR has been amply surpassed in these generic hearings, as the gist of the Secretary of State's case was set out in open statements, and the respondents had the opportunity to give and call evidence. The LIFG remains a risk to the national security of the United Kingdom, as its future direction and cohesion are uncertain and it has not fully merged with Al-Qaida.

Citation
[2008] EWHC 2789 (Admin)
Parties
Claimant: Secretary of State for the Home Department; Respondent: AR; Respondent: AT; Respondent: AU; Respondent: AV; Respondent: AW
Jurisdiction
England and Wales
Judgment Date
14 November 2008
Procedural Posture
Application Under Prevention of Terrorism Act 2005 / Determination of Generic Issues in Control Order Proceedings
Outcome
Generic issues determined; LIFG found to remain a risk to national security; procedural fairness requirements met except for one provisional reservation.
Legal Topics
Control Orders, Procedural Fairness, ECHR Article 6, Terrorism, Closed Material Procedures
Public Law National Security Human Rights Control Orders Procedural Fairness ECHR Article 6 Terrorism Closed Material Procedures

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Parties

Secretary of State for the Home Department

Claimant

AR

Respondent

AT

Respondent

AU

Respondent

AV

Respondent

AW

Respondent

Procedural Posture

Application Under Prevention of Terrorism Act 2005 / Determination of Generic Issues in Control Order Proceedings

Legal Issues

  1. 1 Whether the proceedings to determine generic issues satisfy the minimum procedural requirements of fairness under Article 6(1) ECHR
  2. 2 Whether the Libyan Islamic Fighting Group (LIFG) poses a risk to the national security of the United Kingdom
  3. 3 Nature and extent of the relationship between LIFG and Al-Qaida

Ratio Decidendi

The minimum standard of fairness required by Article 6(1) ECHR has been amply surpassed in these generic hearings, as the gist of the Secretary of State's case was set out in open statements, and the respondents had the opportunity to give and call evidence. The LIFG remains a risk to the national security of the United Kingdom, as its future direction and cohesion are uncertain and it has not fully merged with Al-Qaida.

Court Disposition

Generic issues determined; LIFG found to remain a risk to national security; procedural fairness requirements met except for one provisional reservation.