Commission dismisses appeal of Russian national who poses future risk to national security


Re: D2 v The Secretary of State for the Home Department SC/112/2012

This case discusses the ECHR, Art 8 rights of a Russian national from Chechnya who was excluded from the UK in 2010, as he posed a threat to national security.

The court was asked to determine whether there were any exceptional features of the appellant’s case that showed that refusal of his entry rights into the UK was so unjustifiably harsh, the decision would not be proportionate. The court concluded that mere separation of the appellant from his family was not a disproportionate interference with his or their art 8 rights and that the appellant was considered as a future risk to national security. The court consequently dismissed the appeal.

Hugh Southey QC and Jonathan Glasson QC were involved in this case.