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

The claimant's bail conditions, including a 16-hour curfew and associated restrictions, did not amount to a deprivation of liberty under Article 5(4) ECHR. The SIAC's evaluative conclusion was not perverse. Article 6(1) ECHR does not apply to SIAC bail proceedings as they are interim and ancillary to deportation...

Source-derived case information.

Parties: Claimant: BB; Defendant: Special Immigration Appeals Commission; Interested Party: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 02 August 2011
Procedural Posture: Judicial Review / Judgment on Permission and Substantive Claim
Outcome: Claim dismissed
Legal Topics: Deportation, Bail Conditions, Article 5(4) ECHR, Article 6(1) ECHR, National Security, Judicial Review

Immigration Law Human Rights Law Administrative Law Deportation Bail Conditions Article 5(4) ECHR Article 6(1) ECHR National Security +1 more

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 14 Party arguments 2 Amounts and remedies 1

Parties

Claimant

Special Immigration Appeals Commission

Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Judgment on Permission and Substantive Claim

Legal Issues

1 Whether the claimant's bail conditions amount to deprivation of liberty under Article 5(4) ECHR
2 Whether Article 6(1) ECHR applies to SIAC bail proceedings

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Permission to bring claim on Article 5(4) ECHR refused
Permission granted on Article 6(1) ECHR ground but claim dismissed

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