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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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RB (Algeria) (FC) and Another (Appellants) v. Secretary of State for the Home Department (Respondent); OO (Jordan) (Original Respondent and Cross-appellant) v. Secretary of State for the Home Department (Original Appellant and Cross-respondent)

On appeal from the Court of Appeal (England and Wales): MT (Algeria), RB (Algeria), U (Algeria) v. Secretary of State for the Home Department [2007] EWCA Civ 808; and Othman (Jordan) v. Secretary of State for the Home Department [2008] EWCA Civ 290.

18 February 2009 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Appeal / Right to appeal - Convention refugee - Criminal justice - Deportation / Forcible return - Diplomatic assurances - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Jurisdiction - National security / Public order - Right to justice - Right to liberty and security - Terrorism | Countries: United Kingdom of Great Britain and Northern Ireland

R (on the application of Al-Jedda) (FC) (Appellant) v Secretary of State for Defence (Respondent) [2007] UKHL 58

The court examines the applicability of English Law vs Iraqi law, whether UNSCR regulations and the UN Charter qualified Mr Al-Jedda rights under the ECHR, such that his detainment would not be a violation of Article 5 (1). The Secretary of State (SoS) also raised an new untested argument regarding where the appellant's detention was attributable to the United Nations and therefor outside the scope of the ECHR. Law reports: [2007] UKHL 58; [2008] 2 WLR 31; [2008] 1 AC 332; Times 13-Dec-2008 On appeal from the Court of Appeal: [2006] EWCA Civ 327.

12 December 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Appeal / Right to appeal - Armed forces / Military - Crimes against humanity - Human rights and fundamental freedoms - Right to liberty and security - Terrorism | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Secretary of State for the Home Department (Appellant) v. JJ and Others (FC) (Respondents)

On appeal from the Court of Appeal: [2006] EWCA Civ 1141.

31 October 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Pre-trial detention - Right to liberty and security - Terrorism | Countries: United Kingdom of Great Britain and Northern Ireland

Secretary of State for the Home Department (Respondent) v. E and Another (Appellants)

On appeal from the Court of Appeal: [2007] EWCA Civ 459.

31 October 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Mental health - Pre-trial detention - Right to liberty and security - Terrorism | Countries: Tunisia - United Kingdom of Great Britain and Northern Ireland

Secretary of State for the Home Department (Respondent) v. MB (FC) (Appellant); Secretary of State for the Home Department (Respondent) v. AF (FC) (Appellant) (Civil Appeal from Her Majesty's High Court of Justice); Secretary of State for the Home Department (Appellant) v. AF (FC) (Respondent) (Civil Appeal from Her Majesty's High Court of Justice)

On appeal from the Court of Appeal ([2006] EWCA Civ 1140), and the High Court ([2007] EWHC 651 (Admin)).

31 October 2007 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Criminal justice - Evidence (including age and language assessments / medico-legal reports) - Pre-trial detention - Right to justice - Right to liberty and security - Terrorism | Countries: Libya - United Kingdom of Great Britain and Northern Ireland

R v. Secretary of State for the Home Department, Ex Parte Saadi (FC) and Others (FC)

31 October 2002 | Judicial Body: United Kingdom: House of Lords (Judicial Committee) | Topic(s): Asylum-seekers - Immigration Detention - Kurd - Persecution based on political opinion - Right to liberty and security | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

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