The appellants, all of whom were of Libyan origin, sought to appeal their detention by the Home Secretary pending their appeals to SIAC, against the decision to deport them and the subsequent restriction of their liberty by Control Orders. Appeal allowed on the basis that the current proceedings were not an abuse of process either pursuant to the principle derived from Hunter or pursuant to the principle derived from Henderson v Henderson. This is because the case which the appellants now sought to run was not one which they were aware of at the time of the earlier SIAC or Control Order proceedings and as such they had not had any opportunity, let alone a full opportunity to run their case. The considerations taken in the CLOSED judgement reinforced the decision reached in the OPEN judgement.
Danny Friedman QC and Helen Law were involved in this case.