Law and Rights
Judgment has been given in R (Othman) v Special Immigration Appeals Commission and others [2012] EWHC 2349 Admin (Hughes LJ and Silber J). The claimant is in immigration detention pending deportation. On 31 July the court heard, expedited, Othman's combined applications for habeas corpus and for permission to seek judicial review arising from his detention and from the decision of the Special Immigration Appeals Commission (?SIAC?) (Mitting J), given on 28 May 2012, to refuse him bail. The court refused the applications and, in this judgment, set out their reasons. As Hughes LJ noted - "There has been a prodigious litigation history to this claimant?s position in this country."
Earlier posts on this case are at 6th March 2012 ...... 19th April 2012 ..... 9th May 2012
As chairman of SIAC, Mitting J has now fixed a two week hearing for October of this year at which SIAC will adjudicate upon the factual question whether the obstacle to deportation identified by the ECtHR continues to exist or not. The British government argues that assurances now provided by the Jordanian Government, plus events which have taken place in Jordan, mean that the claimant can lawfully be deported consistently with the ruling of the European Court of Human Rights. The real risk that the claimant will face evidence which is the product of torture can now, the Home Secretary argues, be seen not to be present.
See European Journal of International Law - "Diplomatic assurances: Torture and Extradition: The case of Othman (Abu Qatada) v United Kingdom"
- Justice And Security Act 2013 ~ On-going Judicial Review Stopped
High Court excludedR (Ignaoua) v Home Secretary is a case raising an interesting point about the impact of the Justice and Security Act 2013 section 15 on judicial review in the High Court - Judgment of Cranston J. Section 15 applies to non-European Economic...
- Abu Qatada May Leave Uk Voluntarily If .....
The long running Abu Qatada deportation issue may be drawing to an end. Over around 8 years, the government has spent enormous amounts of public money on the various legal challenges to his deportation to Jordan. (See Jack of Kent Resource...
- Bbc Question Time (abu Qatada) And Siac
On BBC Question Time 22nd November 2012 an audience member asked a question - "Should we simply put Abu Qatada (AQ) on a plane to Jordan?" - see BBC QT at time 8mins 25 secs. The responses to this question raise some serious concerns about the stance...
- Mohammed Othman (abu Qatada)
Update 4th December: The Government is to appeal the decision of SIAC. As predicted (below), the Home Secretary is not yet prepared to give up the chase! The Guardian 3rd December. --- The most recent round of litigation concerning Mohammed...
- A Trio Of European Court Of Human Rights Decisions
Today, 17th January, the European Court of Human Rights (ECtHR) was scheduled to deliver some 35 judgments. The reader will perhaps be particularly interested in the following three judgments which are all judgments of Section IV of the Court sitting...
Law and Rights
Othman - High Court ruling
Earlier posts on this case are at 6th March 2012 ...... 19th April 2012 ..... 9th May 2012
As chairman of SIAC, Mitting J has now fixed a two week hearing for October of this year at which SIAC will adjudicate upon the factual question whether the obstacle to deportation identified by the ECtHR continues to exist or not. The British government argues that assurances now provided by the Jordanian Government, plus events which have taken place in Jordan, mean that the claimant can lawfully be deported consistently with the ruling of the European Court of Human Rights. The real risk that the claimant will face evidence which is the product of torture can now, the Home Secretary argues, be seen not to be present.
See European Journal of International Law - "Diplomatic assurances: Torture and Extradition: The case of Othman (Abu Qatada) v United Kingdom"
- Justice And Security Act 2013 ~ On-going Judicial Review Stopped
High Court excludedR (Ignaoua) v Home Secretary is a case raising an interesting point about the impact of the Justice and Security Act 2013 section 15 on judicial review in the High Court - Judgment of Cranston J. Section 15 applies to non-European Economic...
- Abu Qatada May Leave Uk Voluntarily If .....
The long running Abu Qatada deportation issue may be drawing to an end. Over around 8 years, the government has spent enormous amounts of public money on the various legal challenges to his deportation to Jordan. (See Jack of Kent Resource...
- Bbc Question Time (abu Qatada) And Siac
On BBC Question Time 22nd November 2012 an audience member asked a question - "Should we simply put Abu Qatada (AQ) on a plane to Jordan?" - see BBC QT at time 8mins 25 secs. The responses to this question raise some serious concerns about the stance...
- Mohammed Othman (abu Qatada)
Update 4th December: The Government is to appeal the decision of SIAC. As predicted (below), the Home Secretary is not yet prepared to give up the chase! The Guardian 3rd December. --- The most recent round of litigation concerning Mohammed...
- A Trio Of European Court Of Human Rights Decisions
Today, 17th January, the European Court of Human Rights (ECtHR) was scheduled to deliver some 35 judgments. The reader will perhaps be particularly interested in the following three judgments which are all judgments of Section IV of the Court sitting...