Secretary of State for the Home Department v AHK & Ors

Secretary of State for the Home Department v AHK & Ors

A special advocate should be appointed where it is just and necessary to ensure fairness, having regard to the importance of the decision, the difficulties facing the claimant, and whether the assistance of a special advocate would assist the court and the claimant. The judge may review closed material without a special advocate in straightforward cases, but must not receive submissions from only one side. The procedure must be fair, and the less information disclosed to the claimant, the more likely a special advocate is required. The decision to appoint a special advocate is discretionary and context-specific.

Parties
Appellant/defendant: The Secretary of State for the Home Department; Respondent/claimant: AHK; Respondent/claimant: GA; Respondent/claimant: AS; Respondent/claimant: MH; Respondent/claimant: FT; Respondent/claimant: NT; Appellant/claimant: FM
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Judicial Review / Appeal From Administrative Court Directions on Appointment of Special Advocates
Outcome
Appeal allowed; cases remitted for reconsideration under clarified principles
Legal Topics
Judicial Review Procedure, Public Interest Immunity, Special Advocates, National Security, Fair Hearing, British Nationality, Good Character Requirement
Constitutional Law Administrative Law Immigration Law Human Rights Judicial Review Procedure Public Interest Immunity Special Advocates National Security +3 more

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Parties

The Secretary of State for the Home Department

Appellant/defendant

AHK

Respondent/claimant

GA

Respondent/claimant

AS

Respondent/claimant

MH

Respondent/claimant

FT

Respondent/claimant

NT

Respondent/claimant

FM

Appellant/claimant

Procedural Posture

Judicial Review / Appeal From Administrative Court Directions on Appointment of Special Advocates

Legal Issues

  1. 1 What is the proper procedure for handling judicial review applications challenging refusals of British nationality on 'good character' grounds where the Secretary of State withholds material on public interest/national security grounds?
  2. 2 In what circumstances should the court appoint a special advocate to assist in such cases?

Ratio Decidendi

A special advocate should be appointed where it is just and necessary to ensure fairness, having regard to the importance of the decision, the difficulties facing the claimant, and whether the assistance of a special advocate would assist the court and the claimant. The judge may review closed material without a special advocate in straightforward cases, but must not receive submissions from only one side. The procedure must be fair, and the less information disclosed to the claimant, the more likely a special advocate is required. The decision to appoint a special advocate is discretionary and context-specific.

Court Disposition

Appeal allowed; cases remitted for reconsideration under clarified principles

Orders

  • Appeal of the Secretary of State allowed in the relevant cases
  • Appeal of FM allowed