IMMIGRATION

Deportation as conducive to public good - promotion of terrorism abroad sufficient - decision required to be reasonable and proportionate on material availableSecretary of State for the Home Department v Rehman: HL (Lord Slynn of Hadley, Lord Steyn, Lord Hoffmann, Lord Clyde and Lord Hutton): 11 October 2001The secretary of state decided to make a deportation order against an immigrant under section 3(5)(b) of the Immigration Act 1971 on the ground that deportation would be conducive to the public good because of the immigrant's association with an organisation involved in terrorism on the Indian subcontinent.

The Special Immigration Appeals Commission allowed an appeal by the immigrant, holding that the test was whether it had been shown to a high degree of probability that the immigrant was a danger to national security and the conduct relied on by the secretary of state had to be 'targeted at' the UK or its citizens.

The Court of Appeal [2000] Gazette, 15 June 40; [2000] 3 WLR 1240 allowed the secretary of state's appeal.

The immigrant appealed.Sibghat Kadri QC, Arthur Blake and Adrian Berry (instructed by Bhatti Solicitors, Manchester) for the immigrant.

Philip Sales and Robin Tam (instructed by the Treasury Solicitor) for the secretary of state.Held, dismissing the appeal, that any specific facts relied on which had already occurred should be proved to the civil standard, but no particular standard of proof was relevant to the secretary of state's executive judgement or assessment as to whether deportation would be conducive to the public good, which simply had to be a reasonable and proportionate judgement on the material before him; and that the interests of national security could be threatened indirectly by activities directed against other states as well as by direct action against the UK.

(WLR)