Home Office v Mohammed Shah

Home Office v Mohammed Shah

The tribunal erred by overstepping its evaluative role regarding national security risks, failing to properly defer to the executive, and not adequately considering the evidentiary basis for withholding information. The balancing exercise was misapplied, and the tribunal's reasoning was flawed in both law and fact.

Parties
Respondent: Home Office; Claimant: Mr Mohammed Shah
Jurisdiction
England and Wales
Judgment Date
17 June 2025
Procedural Posture
Employment Appeal / Appeal Against Tribunal Order
Outcome
Appeal allowed
Legal Topics
Security Vetting, Sex Discrimination, Closed Material Procedure, Special Advocates, Disclosure of Information
Employment Law National Security Security Vetting Sex Discrimination Closed Material Procedure Special Advocates Disclosure of Information

Case Brief

Summary, issues, holding and outcome

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Parties

Home Office

Respondent

Mr Mohammed Shah

Claimant

Procedural Posture

Employment Appeal / Appeal Against Tribunal Order

Legal Issues

  1. 1 Whether the tribunal erred in ordering provision of a 'gist' of the respondent's defence in a national security context
  2. 2 Correct legal test for balancing national security interests against claimant's rights in discrimination claims
  3. 3 Appropriate evidentiary standard for withholding information on national security grounds

Ratio Decidendi

The tribunal erred by overstepping its evaluative role regarding national security risks, failing to properly defer to the executive, and not adequately considering the evidentiary basis for withholding information. The balancing exercise was misapplied, and the tribunal's reasoning was flawed in both law and fact.

Court Disposition

Appeal allowed

Orders

  • Further written submissions invited on whether to remit the gist application for fresh consideration or substitute own decision