On appeal from the Queen's Bench Division, Administrative Court: The Hon Mr Justice Stanley Burnton (AF); The Hon Mr Justice Sullivan (AM); The Hon Mr Justice Mitting (AN); and The Hon Mr Justice Silber (AE). The principal issue in all these appeals was what principles govern the question whether, in the light of the decision of the House of Lords in SSHD v MB and AF [2007] UKHL 46, the controlee has had a fair hearing compatible with Article 6 of the European
Convention on Human Rights of the issue whether there are reasonable grounds for suspecting that he is or has been involved in terrorism-related activity. Exceptionally, the Court of Appeal granted permission to appeal to the House of Lords in AE, AF and AN on all Article 6 related issues but not otherwise. The House of Lords subsequently allowed the appeals: [2009] UKHL 28.
Decision on preliminary issue. Whether the procedural safeguards considered in the House of Lords judgment in Secretary of State for the Home Department v MB [2007] UKHL 46 in proceedings about control orders apply with equal force to substantive appeals to the Commission.
