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Othman (Jordan) v. Secretary of State for the Home Department

United Kingdom, England.  09 April 2008 ; 18 February 2009 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Immigration and deportation — Appellants deemed to be danger to national security — Deportation orders authorized by Home Secretary — Appellants appealing against deportation orders — Whether deportation from United Kingdom to home countries would breach appellants’ rights under European Convention on Human Rights, 1950 — Special Immigration Appeals Commission upholding deportation orders — Procedural and substantive objections to deportation orders — Whether Commission erring in law — Jurisdiction of Commission and Court of Appeal — Questions of fact and law — Commission procedure — Legitimacy and fairness — Whether Commission permitted to use closed material in reaching conclusions on safety on return — Assurances — Whether effective — Whether individual assurances of receiving State can be relied upon where pattern of human rights violation in receiving State — European Convention on Human Rights, 1950

Relationship of international law and municipal law — European Convention on Human Rights, 1950 — Convention requiring effective remedy before national authority where breach of Convention — United Kingdom instituting specialist tribunal in Special Immigration Appeals Commission — Review of Commission decisions — Right of appeal to Court of Appeal on questions of law only — Procedural objections — Whether no reasonable tribunal, properly directed, could have reached same conclusion on evidence — Whether Commission permitted to use closed material in reaching conclusions on safety on return — Whether Commission erring in law

Human rights — Prohibition of torture — Whether substantial grounds for believing appellants would be at real risk of exposure to treatment contrary to Article 3 of European Convention on Human Rights, 1950 — Whether question of fact not subject to appeal — Assurances to be considered with other relevant circumstances — Whether question of fact — Whether assurances could only be relied upon if eliminated all risk of inhuman treatment — Whether conclusions of Special Immigration Appeals Commission irrational — Article 3 of European Convention on Human Rights, 1950

Human rights — Right to fair trial — Application to foreign trial — Whether returning appellant to native Jordan would breach Article 6 of European Convention on Human Rights, 1950 — Whether Special Immigration Appeals Commission erring in law by concluding Article 6 no bar to deportation — Whether Commission permitted to use closed material in reaching conclusions on safety on return — Whether defects in criminal trial would amount to flagrant denial of fair trial — Whether composition of Jordanian court constituting flagrant breach of Article 6 — Prohibition on use of evidence obtained by torture — Whether real risk of use of evidence obtained by torture necessarily amounted to flagrant denial of justice — Whether United Kingdom required to retain terrorist suspect to detriment of national security — Article 6 of European Convention on Human Rights, 1950

Human rights — Right to liberty and security — Whether substantial grounds for believing appellant would be held without charge for 50 days if deported — Whether constituting flagrant breach — Whether returning appellant to native Jordan would breach Article 5 of European Convention on Human Rights, 1950

Treaties — Refugee Convention — Whether Article 1F(c) of Refugee Convention applying to acts of person after granted refugee status — Prohibition on non-refoulement in Article 33(1) — Proviso in Article 33(2)

Terrorism — Appellants deemed to be danger to national security in United Kingdom — Deportation orders for appellants to return to native Jordan and Algeria — Whether United Kingdom breaching obligations under European Convention on Human Rights, 1950 by deporting appellants — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2011

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