BB, R (on the application of) v Special Immigration Appeals Commission & Anor

BB, R (on the application of) v Special Immigration Appeals Commission & Anor

The grant of bail with conditions pending deportation is ancillary to the deportation process, which is a public law function and does not involve the determination of civil rights under article 6(1) ECHR. Therefore, article 6(1) does not apply. Article 8 ECHR requires effective adversarial proceedings and independent scrutiny, but does not require disclosure of the gist of the national security case in the same way as articles 5 or 6. The SIAC procedure satisfies the requirements of article 8 as interpreted by the ECtHR.

Parties
Appellant: BB; First Respondent: Special Immigration Appeals Commission; Second Respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 November 2012
Procedural Posture
Judicial Review (appeal) / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Deportation, Bail Conditions, European Convention on Human Rights, Article 6, Article 8, National Security, Procedural Fairness
Immigration Law Human Rights Law Public Law Deportation Bail Conditions European Convention on Human Rights Article 6 Article 8 +2 more

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Parties

BB

Appellant

Special Immigration Appeals Commission

First Respondent

Secretary of State for the Home Department

Second Respondent

Procedural Posture

Judicial Review (appeal) / Court of Appeal Judgment

Legal Issues

  1. 1 Does the grant of bail with conditions pending deportation involve the determination of civil rights under article 6(1) ECHR?
  2. 2 Do the procedural guarantees under article 8 ECHR require disclosure of the gist of the national security case in bail proceedings?

Ratio Decidendi

The grant of bail with conditions pending deportation is ancillary to the deportation process, which is a public law function and does not involve the determination of civil rights under article 6(1) ECHR. Therefore, article 6(1) does not apply. Article 8 ECHR requires effective adversarial proceedings and independent scrutiny, but does not require disclosure of the gist of the national security case in the same way as articles 5 or 6. The SIAC procedure satisfies the requirements of article 8 as interpreted by the ECtHR.

Court Disposition

appeal dismissed