Hindawi v The Parole Board [2012] EWHC 3894 (Admin) (17 December 2012)

Hindawi v The Parole Board [2012] EWHC 3894 (Admin) (17 December 2012)

The Parole Board's decision to refuse release was rational and lawful on the evidence before it. The Board was entitled to conclude that the claimant posed an unacceptable risk of inciting terrorism in Jordan due to lack of monitoring, even though risk could be managed in the UK. The Board was not required to consider release in the UK as an option given the deportation order and the claimant's agreement to deportation. There was no procedural unfairness sufficient to quash the decision, as the claimant had opportunity to address the relevant issues and a new hearing before a fresh Panel was imminent.

Citation
[2012] EWHC 3894 (Admin)
Parties
Claimant: Nezar Hindawi; Defendant: The Parole Board; First Interested Party: The Secretary of State for Justice; Second Interested Party: The Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
17 December 2012
Procedural Posture
Judicial Review / Final Judgment on Substantive Application
Outcome
Claim dismissed
Legal Topics
Parole, Deportation, Risk Assessment, Procedural Fairness, Discrimination, Article 8 ECHR
Public Law Criminal Law Human Rights Parole Deportation Risk Assessment Procedural Fairness Discrimination +1 more

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Parties

Nezar Hindawi

Claimant

The Parole Board

Defendant

The Secretary of State for Justice

First Interested Party

The Secretary of State for the Home Department

Second Interested Party

Procedural Posture

Judicial Review / Final Judgment on Substantive Application

Legal Issues

  1. 1 Whether the Parole Board's refusal to direct release on licence pending deportation was irrational or procedurally unfair
  2. 2 Whether the Board's distinction between risk in the UK and Jordan was rational
  3. 3 Whether the Board failed to consider release in the UK as an option

Ratio Decidendi

The Parole Board's decision to refuse release was rational and lawful on the evidence before it. The Board was entitled to conclude that the claimant posed an unacceptable risk of inciting terrorism in Jordan due to lack of monitoring, even though risk could be managed in the UK. The Board was not required to consider release in the UK as an option given the deportation order and the claimant's agreement to deportation. There was no procedural unfairness sufficient to quash the decision, as the claimant had opportunity to address the relevant issues and a new hearing before a fresh Panel was imminent.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • Timetable for written submissions on permission to appeal and costs to be agreed and submitted in writing