The Weekly Law Reports
[2020] 3 WLR 914
Queen’s Bench Division
QX
v
Secretary of State for the Home Department
[2020] EWHC 1221 (Admin)
2020 March 17, 18;
May 15
May 15
Farbey J
Terrorism— Counter-terrorism— Temporary exclusion order— British citizen outside United Kingdom made subject to temporary exclusion order— Secretary of State imposing post-return obligations on citizen’s return to United Kingdom— Citizen applying for statutory review of post-return obligations— Whether Convention right to fair trial applying to statutory review procedure— Whether imposition of post-return obligations falling within hard core of public-authority prerogatives so as to not to attract right to fair trial— Whether post-return obligations qualifying citizen’s right of abode— Whether determination of citizen’s “civil rights” involved in review of post-return obligations— Level of disclosure required on review—
Immigration Act 1971 (c 77) (as amended by British Nationality Act 1981 (c 61), s 39(2)), ss 1(1), 2(1)[1]
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6.1, 8[2]
—
Counter-Terrorism and Security Act 2015 (c 6), ss 2, 9, 11(2)(d)[3]