Secretary of State for the Home Department v AR & Ors

The minimum standard of procedural fairness required by Article 6(1) ECHR has been amply surpassed in this generic hearing, and the LIFG remains a risk to national security due to ongoing uncertainty regarding its cohesion, leadership, and potential merger with Al-Qaida.

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 / Judgment on Generic Issues
Outcome: Generic issues determined; LIFG found to remain a risk to national security; conclusions provisional pending individual hearings.
Legal Topics: Control Orders, Procedural Fairness, Merger of Terrorist Groups, Risk Assessment

National Security Immigration Human Rights Control Orders Procedural Fairness Merger of Terrorist Groups Risk Assessment

Case Brief

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Parties

Secretary of State for the Home Department

Claimant

Respondent

Procedural Posture

Application Under Prevention of Terrorism Act 2005 / Judgment on Generic Issues

Legal Issues

1 Whether the proceedings satisfy minimum procedural fairness under Article 6(1) ECHR
2 Whether the LIFG poses a risk to national security
3 Nature and extent of merger between LIFG and Al-Qaida

Ratio Decidendi

Court Disposition

Generic issues determined; LIFG found to remain a risk to national security; conclusions provisional pending individual hearings.