Secretary of State’s appeal dismissed as academic


Re: ZZ v Secretary of State for the Home Department [2017] EWCA Civ 133

The Secretary of State’s appeal against the determination of SIAC in ZZ was dismissed as academic. ZZ determined important issues concerning the level of disclosure owed where EU law is engaged by immigration decisions. Once ZZ received that disclosure he succeeded before SIAC on the basis that whatever was the position at the time of the decision, he did not represent a current risk. The Secretary of State appealed on the basis that SIAC should have confined its assessment to the date of decision, and ZZ (supported by the Special Advocates) appealed on matters including the level of disclosure. Given however that in the meantime ZZ was re-admitted to the UK, the Court of Appeal dismissed the appeal as academic, with the result that the cross-appeal also fell away.

Hugh Southey QC and Nick Armstrong were involved in this case.