30 June 2011
IR (Sri Lanka) and others v Secretary of State for the Home Department [2011] EWCA Civ 704, [2011] All ER (D) 145 (Jun)
The procedural requirements of Art 8 of the European Convention on Human Rights did impact on a case of deportation or exclusion for national security reasons (assuming that there was an interference with family or private life) but they did not equiparate with the procedural requirements of Art 5 or Art 6 of the Convention. They had the more limited content set out in Al-Nashif v Bulgaria (App No 50963/99) [2002] ECHR 50963/99. The procedure in Special Immigration Appeals Commission (SIAC), as developed in the domestic jurisprudence, satisfied those requirements.
