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Court of Appeal decision on temporary exclusion orders


Robin Tam KC and Steven Gray (of 7BR) appeared for the Home Secretary in the Court of Appeal, which has decided a number of points about procedure in the lead case on temporary exclusion orders.

The Court of Appeal decided that Article 6 ECHR applies to a review of the imposition of a TEO if that has been followed by the imposition of obligations that interfere with Article 8 rights, because the quashing of the TEO itself could also lead to the quashing of the obligations and thereby “determine” the individual’s “civil rights”. It reversed the High Court’s decision that Article 6 does not apply to such a review, although it was common ground that Article 6 does apply to a review of the obligations.

The Court of Appeal also decided that the High Court was correct to refuse to allow cross-examination about the national security case in the imposition review, because the court’s task is to review the Home Secretary’s decisions rather than to make the decisions itself. In addition, the Court of Appeal allowed the Home Secretary’s cross-appeal against the High Court’s order that the Home Secretary must identify and call a national security witness in the obligations review.

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Related Barristers

Public Law
Extradition & Interpol

Robin Tam KC

Call 1986 | Silk 2006

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