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Case Law |
MT (Algeria), RB (Algeria) and U (Algeria) v. Secretary of State for the Home Department
| The first 150 words of the full text of this article appear below. |
In the Court of Appeal (Civil Division) on Appeal from the Special Immigration Appeals Commission
Before:
THE MASTER OF THE ROLLS
LORD JUSTICE BUXTON
and
LADY JUSTICE SMITH
Neutral Citation Number: [2007] EWCA Civ 808
Cases Nos: T1/2006/2624, T1/2006/2669 and T1/2007/9505
30 July 2007
Keir Starmer QC and Raza Husain (instructed by Birnberg Peirce and Partners) for the Appellant MT
Rabinder Singh QC and Hugh Southey (instructed by Fisher Meredith) for the Appellant RB
Richard Drabble QC and Hugh Southey (instructed by Birnberg Peirce and Partners) for the Appellant U
Robin Tam QC, Robert Palmer and Caroline Neenan (instructed by the Treasury Solicitor) for the Respondent
Judith Farley as Special Advocate for MT
Nicholas Blake QC and M Chamberlain as Special Advocate for RB
Andrew Nicol QC and T de la Mare as Special Advocate for U
(instructed in each case by the Special Advocates Support Office)
Hearing dates:
MT:
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Introduction |
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Closed material |
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Introduction
The statutory scheme
The effect of article 3 of the Convention
Legality and fairness as a matter of English law
A question of balance
Conclusion as to the use of closed material
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The appeal of Y |
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Introduction
The background facts
The Ordonnance
Article 8
Article 9
Meeting in Algiers on 14 November 2006
Discussion
Remission
Closed material
Article 1F(c) of the Refugee Convention
Disposal of Y's appeal
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The jurisdiction of this court |
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Introduction
The statute and the issue
A mixed question of law and fact
The appellants' case expanded
Authority on proportionality is irrelevant
Fact-finding obligations in a Convention case
The role of "assessment"
Comparison with judicial review
Conclusion as to the court's jurisdiction
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The appeal of BB |
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Background
The factual findings of SIAC
Control of the DRS
SIAC's assessment of the attitudes of the Algerian state
Are assurances ever appropriate?
The terms of the assurances
Monitoring
Conclusion on SIAC's findings of fact
Disclosure of information by the Secretary of State
Prison conditions
Article 6
Disposal of BB's appeal
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The appeal of U |
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Introduction
The appeal to SIAC
The appeal to this court
Karanakaran
Also, the passage at [469g]:
Shamayev
Verification of compliance with assurances
The language of the assurances
Prison conditions
Separate consideration of the risk of torture and bad prison conditions
Article 6
Disposal of U's appeal
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Conclusions |
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