9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) "(1) A suspected international terrorist may be detained under a provision specified in subsection (2) despite the fact that his removal or departure from the United Kingdom is prevented (whether temporarily or indefinitely) by(a) a point of law which wholly or partly relates to an international agreement, or (b) a practical consideration. (2) The provisions mentioned in subsection (1) are(a) paragraph 16 of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal), and (b) paragraph 2 of Schedule 3 to that Act (detention pending deportation)." S.24 confers on SIAC a jurisdiction to grant bail. Its construction has given rise to controversy in circumstances which, however, demand no enquiry for the purpose of these appeals. But s.25 is a key provision: "(1) A suspected international terrorist may appeal to the Special Immigration Appeals Commission against his certification under section 21. (2) On an appeal the Commission must cancel the certificate if(a) it considers that there are no reasonable grounds for a belief or suspicion of the kind referred to in section 21(1)(a) or (b), or (b) it considers that for some other reason the certificate should not have been issued. (3) If the Commission determines not to cancel a certificate it must dismiss the appeal. (4) Where a certificate is cancelled under subsection (2) it shall be treated as never having been issued. (5) An appeal against certification may be commenced only(a) within the period of three months beginning with the date on which the certificate is issued, or (b) with the leave of the Commission, after the end of that period but before the commencement of the first review under section 26." I should also set out ss.26 – 29. The provisions there contained possess some importance for our consideration of the way in which Parliament has sought to strike the balance between the abhorrence of executive detention and the imperative of the State's protection. Moreover some of these measures are of direct relevance to various points in the case, as I shall in due course explain. "26(1) The Special Immigration Appeals Commission must hold a first review of each certificate issued under section 21 as soon as is reasonably practicable after the expiry of the period of six months beginning with the date on which the certificate is issued. (2) But(a) in a case where before the first review would fall to be held in accordance with subsection (1) an appeal under section 25 is commenced (whether or not it is finally determined before that time) or leave to appeal is given under section 25(5)(b), the first review shall be held as soon as is reasonably http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 36/113