Secretary of State’s appeal dismissed as academic
ZZ v Secretary of State for the Home Department  EWCA Civ 133
- Related Member(s):
- Nick Armstrong, Hugh Southey QC
- Related Practice Area(s):
- Immigration, Asylum and Free Movement
- Court of Appeal (Civil Division)
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.