Law digests: 6 September 2024

Human rights

QX v Secretary of State for the Home Department [2024] UKSC 26, [2024] All ER (D) 08 (Aug)

The Supreme Court dismissed the Secretary of State’s appeal against the decision of the Court of Appeal, Civil Division, that Art 6(1) of the European Convention on Human Rights (the Convention) applied to the review of the Secretary of State’s decision made under s 2 of the Counter-Terrorism and Security Act 2015 where conditions A and B were met therein when the temporary exclusion order (TEO) was imposed against the appellant (the imposition review) on the basis that it would be directly determinative of the respondent’s civil rights. The respondent was therefore entitled to a level of disclosure of the evidence relied on by the Home Secretary in support of its allegations of terrorism-related activity in Syria which complied with Art 6(1) of the Convention. The Secretary of State submitted that, depending on the content of the closed national security material, it was possible that the same form of open words would be sufficient