This judicial review raised novel issues about when the Secretary of State could revoke an individual’s indefinite leave to remain on the basis of national security, and the court’s discretion to grant interim relief in such cases.
S2 was seeking to challenge the Secretary of State’s decision to revoke his indefinite leave to remain in the UK, taken on the basis that he posed a risk to national security. For the same reason, the Secretary of State had refused him protection under the Refugee Convention and that decision was under appeal to the Special Immigration Appeals Commission (“SIAC”). The central issue before the court was therefore whether the Secretary of State acted unlawfully in revoking S2’s indefinite leave at this stage, on the basis that he posed a danger to the national security of the United Kingdom, when there was a pending appeal before SIAC which would address that question. The Secretary of State successfully argued that S2’s grounds of review were not currently arguable and the court declined to grant permission, instead staying the claim pending the determination of the appeal before SIAC. The court also refused S2’s application for interim relief.
Natasha was instructed by the Government Legal Department and led by Robin Tam QC. More about the Judgement can be found on Bailii here.