The Weekly Law Reports
[2009] 2 WLR 512
House of Lords
RB (Algeria)
v
Secretary of State for the Home Department
U (Algeria)
v
Same
Othman
v
Same
[2009] UKHL 10
2008 Oct 23,
27–
30;
2009 Feb 18
Lord Phillips of Worth Matravers, Lord Hoffmann, Lord Hope of Craighead, Lord Brown of Eaton-under-Heywood, Lord Mance
Immigration— Deportation— Conducive to public good— Deportation orders made by Secretary of State on ground of national security— Appeals to Special Immigration Appeals Commission— Grounds on which Court of Appeal having jurisdiction to entertain further appeal— Whether real risk of inhuman treatment on return— Proper approach of commission— Whether consideration of closed evidence denial of fair hearing— Whether assurances given by receiving state regarding risk of inhuman treatment acceptable— Whether provision for monitoring compliance with assurances necessary— Whether composition of court in receiving state or risk that evidence obtained by torture would be admitted at trial flagrant breaches of Convention right to fair hearing— Whether 50 days’ detention flagrant breach of Convention right to liberty—
Special Immigration Appeals Commission Act 1997 (c 68), ss 5, 7
[1]
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 3, 5, 6
[2]
—
Special Immigration Appeals Commission (Procedure) Rules 2003 (SI 2003/1034), r 4
[3]
—
Convention and Protocol relating to the Status of Refugees (1951) (Cmd 9171) and (1967) (Cmnd 3906), art 1F(c)
[4]