ImmigrationDeportation interests of national security promotion of terrorism abroad threatening national securitySecretary of State for the Home Department v Rehman: CA (Lord Woolf MR, Laws LJ and Harrison J): 23 May 2000

R, a Pakistani national, was informed that the Secretary of State had decided to make a deportation order against him pursuant to s.3(5)(b) of the Immigration Act 1971 on the grounds that it would be conducive to the public good in the interests of national security because of his alleged involvement with an Islamic terrorist organisation in the Indian sub-continent.

R appealed to the Special Immigration Appeals Commission pursuant to s.2(1)(c) of the Special Immigration Appeals Commission Act 1997.

The commission allowed the appeal on the grounds that it was not satisfied, applying a high civil balance of probabilities, that the case against R had been established and that, in any event, activities which were not targeted against the United Kingdom or its citizens were not capable of threatening national security.

The Secretary of State appealed.Philip Sales and Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.

Sibghat Kadri QC and Arthur Blake (instructed by Bhatti & Co, Manchester) for R.

Nicholas Blake QC (instructed by the Treasury Solicitor) as special advocate before the commission.

Ian Macdonald QC (instructed by the Treasury Solicitor) as amicus curiae.Held, allowing the appeal, that the promotion of terrorism against any state by a person in the United Kingdom was capable of being a threat to national security; that although the commission was entitled to determine for itself issues of fact, questions of policy in the area of national security must primarily be for the Secretary of State; that, in so far as the Secretary of State was relying on specific allegations of serious misconduct by R, the commission was entitled to say that the allegations had not been proved; but that where a decision to deport had been made on the basis that an individual was a danger to national security, it was necessary for the case to be examined as a whole and for the commission to ask whether, on a global approach, he posed a danger to national security, taking into account the executives policy on that issue; that, when that was done, the cumulative effect might establish that the individual was a danger to national security, even though it could not be proved to a high degree of probability that he had performed any individual act which would justify that conclusion; and that, accordingly, the matter would be remitted to the commission for redetermination.

(WLR).

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