Deportation of suspected terrorists with ‘real risk’ of torture: The House of Lords decision in Abu Qatada

Garrod, Matthew (2010) Deportation of suspected terrorists with ‘real risk’ of torture: The House of Lords decision in Abu Qatada. Deportation of Suspected Terrorists with ‘Real Risk’ of Torture: The House of Lords Decision in Abu Qatada, 73 (4). pp. 631-646. ISSN 1468-2230

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Abstract

This note discusses the House of Lords' decision in RB (Algeria) (FC) and another v Secretary of State for the Home Department; OO (Jordan) v Secretary of State for the Home Department that the real risk of third-party foreign torture evidence does not meet the required standard of unfairness so as to prevent the deportation of suspected terrorists under Article 6 ECHR. It considers three key issues that were raised by this case: Parliament has deliberately restricted the right of appeal from SIAC to the Court of Appeal on questions of fact; the procedure of using closed material by SIAC in the assessment of safety on return is unequivocally permitted by statute; and the conclusions by SIAC that diplomatic assurances contained in Memoranda of Understanding do not give rise to points of law and, therefore, are beyond review by the appellate courts.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Matthew Garrod
Date Deposited: 27 Oct 2015 15:35
Last Modified: 27 Oct 2015 15:35
URI: http://sro.sussex.ac.uk/id/eprint/57364
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