|[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]|
England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Ramda, R (on the application of) v Secretary of State for the Home Department  EWHC 1278 (Admin) (27 June 2002)
Cite as:  EWHC 1278 (Admin)
[New search] [View without highlighting] [Printable RTF version] [Help]
QUEENS BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
MR JUSTICE POOLE
| The Queen on the Application of RAMDA||Claimant|
|- and -|
|Secretary of State for the HOME DEPARTMENT||Defendant|
James Eadie (instructed by Treasury Solicitor) for the Defendant
Hearing dates: 10 May 2002
Crown Copyright ©
Lord Justice Sedley:
This is the judgment of the court.
“(a) Is the Home Secretary’s initial decision of 8 October 2001 vitiated by errors of fact or deficiencies of inquiry?
(b) If so, are these cured by his subsequent reconsideration of the decision?
(c) In particular, was the Home Secretary required by law to disclose to the claimant the further material he obtained and relied on?”
We do not, with all respect to Mr Emmerson QC and those instructing him, propose to take time on a further argument that because the terrorist organisation responsible for these attacks, the GIA, is allegedly known to be an Algerian government front designed to discredit Islamic fundamentalism, the extradition request is not made in good faith. Even if all the premises were true, the conclusion would not follow, and we refuse permission to seek judicial review under this head.
(1) Where a person is committed under section 9 above and is not discharged by order of the High Court or the High Court of Judiciary, the Secretary of State …. may by warrant order him to be returned unless his return is prohibited, or prohibited for the time being, by this Act, or the Secretary of State decides …. under this section to make no such order in his case.
(2) Without prejudice to his general discretion as to the making of an order for the return of a person to a foreign state …. –
(a) The Secretary of State …. shall not make an order in the case of any person if it appears to the Secretary of State …. in relation to the offence, or each of the offences, in respect of which his return is sought, that –
(i) by reason of its trivial nature; or
(ii) by reason of the passage of time since he is alleged to have committed it or to have become unlawfully at large, as the case maybe; or
(iii) because the accusation against him is not made in good faith in the interests of justice,
it would, having regard to all the circumstances, be unjust or oppressive to return him; and
(b) the Secretary of State …. may decide to make no order for the return of a person accused or convicted of an offence not punishable with death in Great Britain if that person could be or has been sentenced to death for that offence in the country by which the request for his return is made.
Section 13 provides:
(1) The Secretary of State …. shall give the person to whom an order under section 12(1) above for the return to a foreign state …. would relate notice in writing that he is contemplating making such an order.
(2) The person to whom such an order would relate shall have a right to make representations, at any time before the expiration of the period of 15 days commencing with the date on which the notice is given, as to why he should not be returned to the foreign state, and unless he waives that right, no such order shall be made in relation to him before the end of that period.