J1 v Secretary of State for the Home Department

The Court of Appeal held that the Special Immigration Appeals Commission had erred in upholding a decision to deport an Ethiopian national to Ethiopia on the basis that certain issues concerning his rights under the European Convention on Human Rights 1950 art.3 had been left for determination by the secretary of state at a later date. It had been entitled to take account of any undertaking or assurance given by the secretary of state, but had erred in allowing such an undertaking to cut down the legal protection to which the claimant was entitled.

Timothy Otty QC acted for J1.