9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) whether evidence obtained from a third party under torture in another country can be relied on by SIAC and, if not, the extent of the exclusion of such evidence and the determination of the party on whom the burden of establishing the use or nonuse of torture rests. 292. Once these issues of principle have been determined, it will be appropriate to deal with the specific complaints raised on these appeals, including complaints about SIAC's approach to the evidence. Before dealing with the various issues of principle, however, I must refer to the relevant provisions of the 2001 Act, and the other legislative or convention material of relevance to which we were referred. The legislative and convention material The 2001 Act 293. Part 4 of the 2001 Act came into force on 11th December 2001, and it is headed Immigration and Asylum. The first section in this part of the Act is s21, which provides, so far as relevant: "1) The Secretary of State may issue a certificate under this section in respect of a person if the Secretary of State reasonably— (a) believes that the person's presence in the United Kingdom is a risk to national security, and (b) suspects that the person is a terrorist. (2) In subsection (1)(b) terrorist" means a person who(a) is or has been concerned in the commission, preparation of instigation of acts of international terrorism; (b) is a member of or belongs to an international terrorist group; or (c) has links with an international terrorist group. (3) A group is an international terrorist group for the purposes of subsection (2)(b) and (c) if(a) it is subject to the control or influence of persons outside the United Kingdom, and (b) the Secretary of State suspects that it is concerned in the commission, preparation or instigation of international terrorism. (4) For the purposes of subsection 2(c) a person has links with an international terrorist organisation group only if he supports or assists it." 294. Sections 21(8) and (9) make it clear that the issue of a certificate (and any subsequent action based on it) can only be challenged under ss25 and 26 of the 2001 Act. 295. Section 23(1) provides that: "A suspected international terrorist may be detained under a provision specified in subsection (2) despite that fact that his removal or departure from the United Kingdom is prevented (whether temporarily or indefinitely)." Those circumstances are defined by reference to paragraph 16 of Schedule 2, and paragraph 2 of Schedule 3, to the Immigration Act 1971. 296. Section 25(1) and (2) are in these terms so far as relevant: http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 74/113