Secretary of State’s ‘royal prerogative’ to cancel passports challenged


Re: XH & AI v Secretary of State for the Home Department [2017] EWCA Civ 41

The appellant’s passports were cancelled on the suspected grounds that their travel was to allow them to get involved with terrorism-related activity. The appellants argued, inter alia, that the Secretary of State’s exercise of supposed power under the royal prerogative to cancel their passports was invalid as the power had been abrogated by the Terrorism Prevention and Investigation Measures Act 2011.

Hugh Southey QC was involved in this case.