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

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

SIAC's decision to revoke U's bail in December 2009 was based solely on open material relating to U's risk profile and not on closed material or the precautionary approach; therefore, the decision was lawful and not vitiated by error of law.

Parties
Claimant: The Queen on the Application of "U"; Defendant: The Special Immigration Appeals Commission; Interested Party: The Secretary of State for Home Department
Jurisdiction
England and Wales
Judgment Date
27 April 2010
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review of Siac's Decision to Revoke Bail
Outcome
Application for judicial review dismissed
Legal Topics
Bail Revocation, National Security, Judicial Review, Closed Material Procedures, Article 5(4) ECHR
Immigration Law Human Rights Law Administrative Law Bail Revocation National Security Judicial Review Closed Material Procedures Article 5(4) ECHR

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Parties

The Queen on the Application of "U"

Claimant

The Special Immigration Appeals Commission

Defendant

The Secretary of State for Home Department

Interested Party

Procedural Posture

Judicial Review / Judgment on Application for Judicial Review of Siac's Decision to Revoke Bail

Legal Issues

  1. 1 Whether SIAC's decision to revoke U's bail on 7 December 2009 was based on an improper 'precautionary approach' and/or closed material
  2. 2 Whether the open evidence justified revocation of bail
  3. 3 Whether the precautionary approach is legally objectionable

Ratio Decidendi

SIAC's decision to revoke U's bail in December 2009 was based solely on open material relating to U's risk profile and not on closed material or the precautionary approach; therefore, the decision was lawful and not vitiated by error of law.

Court Disposition

Application for judicial review dismissed