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National Security Deportation

Some of the primary legislation

Some of our recent notable cases

W (Algeria) & Ors v Secretary of State for the Home Department (2012)
Represented VV and PP in a challenge to the statutory exclusion of the common law right to an irreducible minimum standard of fairness in appeals against deportation in national security cases.
[2012] UKSC 8 7/3/2012. Reported at [2012] 2 WLR 610.
Stephanie Harrison

IR (Sri Lanka), GT (Libya) AN (Pakistan) AK (Pakistan) v SSHD (2011)
The procedural requirements of the European Convention on Human Rights 1950 art.8, if applicable, did impact on cases of deportation or exclusion for national security reasons but they did not equiparate with the procedural requirements of art.5 or art.6 but had the more limited content set out in the Al-Nashif v Bulgaria (50963/99) (2003) 36 E.H.R.R. 37 line of authority. The procedure of the Special Immigration Appeals Commission as to the disclosure to be made to individuals in such cases satisfied those more limited requirements.
[2011] EWCA Civ 704 21/6/2011. Reported at [2011] 4 All ER 908.
Edward Grieves

HXA v The Home Office (2010)
Detention of an Iraqi national pending deportation on national security grounds was unlawful throughout because it was for the impermissible purpose of securing his detention in Iraq and no consideration had been given to the risks of a breach of Article 5 and 3 on expulsion to Iraq.
[2010] EWHC 1177 21/5/2010
Stephanie Harrison & Ronan Toal

Secretary of State for the Home Department v AV (2009)
Revocation of control order
[2009] EWHC 902 (Admin) 30/4/2009
Stephanie Harrison & Edward Grieves