9.11.2017
A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004)
At Para 294:
"There is ample evidence to support the conclusion that this group falls within the Act, has
links to Al Qa'eda and is a very important part of the emergency. It is not a group with an
exclusive membership; its members or supporters or some of them may form part of other
networks or groups, as well. It is the paradigm group, loosely co-ordinated but
overlapping with other groups or cells of North African, principally, Algerian, extremists.
It may overlap with groups centred around Abu Qatada or around Beghal. It too is
controlled or influenced by people outside the United Kingdom."
177. SIAC held that the Secretary of State had reasonable grounds to suspect that A was an international
terrorist within the meaning of ACTSA s.21 and dismissed his s.25 appeal. They dismissed also his
outstanding appeals against the Secretary of State's decisions not to revoke the deportation order and to
refuse him indefinite leave to remain in the United Kingdom.
G
178. G is also from Algeria. He arrived in the United Kingdom in August 1995 and claimed asylum. His
claim was rejected in September 1997 and his appeal dismissed by the Adjudicator in December 1999.
However he obtained a residence permit for six months from 5 June 2001, by reason of his marriage to
a French national. In his case the Secretary of State issued a certificate under ATCSA s.21 on 18
December 2001 on the footing that G was an active supporter of the GSPC. SIAC concluded in its
specific open judgment, paragraph 15:
"… [T]he closed material confirms our view that there is indeed reasonable suspicion that
the Appellant is an international terrorist within the meaning of section 21 and reasonable
belief that his presence in the United Kingdom is a risk to national security. We have no
doubt that he has been involved in the production of false documentation, has facilitated
young Muslims to travel to Afghanistan to train for jihad and has actively assisted
terrorists who have links with Al Qa'eda. We are satisfied too that he has actively assisted
the GSPC. We have no hesitation in dismissing his appeal."
Abu Rideh
179. Abu Rideh was born in Jordan to stateless Palestinian parents and arrived in the United Kingdom with
a Jordanian passport in January 1995. On 10 November 1998 he was granted indefinite leave to remain
in the United Kingdom as a refugee within the meaning of the 1951 Refugee Convention. On 17
December 2001 the Secretary of State issued a certificate under s.21. The covering letter of the same
date stated the reasons:
"You are an active supporter of various international terrorist groups, including those with
links to Usama Bin Laden's terrorist network. Your activities on their behalf include fund
raising."
180. This appellant's mental health has been poor, and SIAC noted in their open specific judgment that
since July 2002 he had been held in Broadmoor Hospital, having been transferred there from HM
Prison Belmarsh. Notwithstanding that, SIAC concluded that he had told a series of deliberate lies
about important matters, and had been a very successful fundraiser able to get money out to
Afghanistan. They acknowledged (paragraph 21) that "the open evidence taken in isolation cannot
provide the reasons why we are dismissing the appeal…", and stated (paragraph 24) that "[t]he closed
material confirms our view that the certification in this case was correct."
E
181. E is from Tunisia. He came to the United Kingdom and sought asylum. According to SIAC's open
specific judgment in his case it took the Home Office six and a half years to determine the claim. At
length it was rejected in January 2001, though E was granted exceptional leave to remain until 2005. I
find it very difficult to see how any plea of scarce resources, or indeed anything else, could justify so
http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html
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