30 Dec 1999
MOHAMMAD AKRAM v. THE SECRETARY FOR SECURITY
- Citation
- MOHAMMAD AKRAM v. THE SECRETARY FOR SECURITY
- Court
- Court of First Instance
- Case number
- HCAL47/1997
The deportation order was declared null and void because the Secretary for Security expressly relied upon an erroneous maximum penalty (10 years) as material to the decision, and there was insufficient evidence to show that this error was irrelevant or immaterial; additionally the Secretary failed to disclose consultations and relevant material so the decision was vitiated. Subsequent undocumented or unsigned 'second comments' and Council decisions did not cure the original defects. The Applicant's claim that his life would be endangered was adequately investigated and rejected on the facts,…