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SIAC quashes expulsion decisions due to failure to give applicants an opportunity to respond to reasons that had been given previously in open

Farooq & Anor v SSHD SN/7/2014

Related Practice Area(s):
Immigration, Asylum and Free Movement, Public Law
Court:

This was an application for a review of the decisions by the SSHD to exclude the applicants from the UK. In 2009 they were suspected of having committed offences under the Terrorism Act 2006 and the SSHD served them with a deportation notice in Apr 2009. The applicants returned to Pakistan voluntarily on Sept 2009 and on Dec 2009 they were told that the SSHD, “had personally directed their exclusion from the UK”.

The Tribunal quashed the decisions. It considered that in this circumstances of this the Secretary of State should have told the applicants at least the gist of the modified case against them before she made the expulsion decision, in order to give them an opportunity to comment on it. The defendant had also failed to explain why she was unable to give reasons at the time of notifying the applicants of the decision, rather than simply providing them six months later. The decisions were also vitiated by application of a policy which the defendant had not disclosed to the applicants at any time until the last day of the open hearing.

Samantha Knights QC was involved in this case.