A v Secretary of State for the Home Department [2005] 3 All ER 169

Facts:

  • Nine men challenged a decision of the Special Immigration Appeals Commission to eject them from the country on the basis that there was evidence that they threatened national security
  • All except two were detained in December 2001; the others were detained in February and April 2002 respectively
  • All were detained under the Anti-terrorism, Crime and Security Act 2001
  • Part 4 of the Act provided for their indefinite detention without trial and deportation, however this power was only applied to non-British nationals

Issue:
  • Whether the detention was lawful under the ATCSA 2001

Held:
  • HoL held that whilst their detention was lawful under the ATCSA 2001, section 23 was incompatible with the articles of the European Convention on Human Rights
  • As a consequence, HoL made a declaration of incompatibility and allowed the appeals

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