The Law Reports (Queen's Bench Division)
[2018] QB 355
Court of Appeal
Regina (XH)
v
Secretary of State for the Home Department
Regina (AI)
v
Secretary of State for the Home Department
[2017] EWCA Civ 41
2016 Dec 13,
14;
2017 Feb 2
2017 Feb 2
Sir Terence Etherton MR, Lloyd Jones, Sales LJJ
Crown— Minister— Exercise of prerogative power— Home Secretary cancelling passports of persons suspected of involvement in terrorism-related activities— Whether lawful exercise of Royal Prerogative power— Whether prerogative power abridged or put into abeyance by statute—
Terrorism Prevention and Investigation Measures Act 2011 (c 23)
European Union— Freedom of movement— Cancellation of passport— Home Secretary cancelling passports of persons suspected of involvement in terrorism-related activities— Whether European Union law engaged— Whether breached— Whether proportionate restriction on freedom of movement— Whether breach of duty to inform claimants of reason for cancellation of passport— Whether necessary to disclose evidence— Whether obligation to give passport holder opportunity to make representations before cancellation— Whether sufficient for such opportunity to be given prior to review of decision— Appropriate standard of review—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6
—
Parliament and Council Directive 2004/38/EC, art 27
—
Charter of Fundamental Rights of the European Union
, art 41