The Weekly Law Reports
[2023] 2 WLR 1103
Court of Appeal
QX
v
Secretary of State for the Home Department
[2022] EWCA Civ 1541
2022 Nov 1, 2; 22
Coulson, Nugee, Elisabeth Laing LJJ
Terrorism— Counter-terrorism— Temporary exclusion order— Secretary of State making temporary exclusion order in respect of claimant and imposing obligations on claimant on return to United Kingdom— Claimant applying for statutory review of Secretary of State’s decision that conditions for making order met— Whether Convention right to fair trial applying on review so as to entitle claimant to certain level of disclosure— Whether review decisive of claimant’s Convention rights— Whether claimant to be permitted to cross-examine Secretary of State’s national security witness— Whether Secretary of State to be ordered to tender witness for cross-examination on other aspects of challenge—
Human Rights Act 1998 (c 42), s 3(1), Sch 1, Pt I, arts 6, 8[1]
—
Counter-Terrorism and Security Act 2015 (c 6), ss 2, 9, 11(2)[2]
—
CPR
rr 3.1(2)(m), 88.25(4)
[3]