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AS and DD (Libya) v. Secretary of State for the Home Department and Liberty
Published online by Cambridge University Press: 01 January 2021
Abstract
Aliens — Immigration and deportation — Respondents deemed to be danger to national security — Respondents appealing against deportation orders — Whether respondents would face ill- treatment upon return to State of nationality — Whether deportation would breach respondents’ rights under European Convention on Human Rights, 1950, Article 3 — Libya — United Kingdom Memorandum of Understanding — Whether Libya would act in breach of Memorandum — Decision of Special Immigration Appeals Commission allowing respondents’ appeals against deportation orders — Whether Commission erring in law
Human rights — Prohibition of torture — Whether substantial grounds for believing respondents would face a real risk of suffering torture on return to Libya — Whether Special Immigration Appeals Commission misunderstanding or misapplying proper test — Libya — United Kingdom Memorandum of Understanding — Whether assurances in Memorandum reducing risks of torture to acceptable level — Whether Libya would abide by terms of Memorandum — Extent of risk Libya would not comply — Whether Commission bound to accept view of expert witness — Whether Commission misdirecting itself in law — Article 3 of European Convention on Human Rights, 1950
Terrorism — Respondents Islamist extremists with terrorist links — Respondents deemed to be danger to national security — Deportation of respondents to native Libya — Whether United Kingdom breaching obligations under European Convention on Human Rights, 1950 — The law of England
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- © Cambridge University Press 2011