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Court of Appeal decision on temporary exclusion orders. Robin Tam KC instructed by GLD.
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.
A copy of the judgement can be found here.