MT (Algeria) v Secretary of State for the Home Department

Subject Matter

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, ss 5, 7 — Human Rights Act 1998, Sch 1, Pt I, arts 3, 5, 6 — Special Immigration Appeals Commission (Procedure) Rules 2003, r 4 — Convention and Protocol relating to the Status of Refugees (1951) and (1967), art 1F(c)

[2007] EWCA Civ 808; [2008] QB 533; [2008] 2 WLR 159; [2008] 2 All ER 786, CA