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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> QX v Secretary of State for the Home Department  EWHC 2508 (Admin) (21 September 2020)
Cite as:  EWHC 2508 (Admin)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
- and -
SECRETARY OF STATE FOR THE HOME DEPARTMENT
Mr Steven Gray (instructed by the Government Legal Department) for the Defendant
Special Advocates: Ms Shaheen Rahman QC & Ms Rachel Toney (instructed by the Special Advocates' Support Office)
Hearing date: 21 July 2020
Crown Copyright ©
MRS JUSTICE FARBEY:
(i) A reporting obligation: the claimant must report daily to a named police station between specified hours; and
(ii) An appointments obligation: the claimant must each week attend a two-hour appointment with a mentor from the Home Office Desistance and Disengagement Programme ("DDP") and a two-hour appointment with a theologian.
"Although I am obliged to attend the appointments with [the mentor], I am not under any compulsion to speak to him. This has been confirmed by [the Secretary of State]…As I am not engaging in the sessions, they are a complete waste of both mine and my mentor's time."
"I am also concerned that information I provide on potentially personal matters would be shared with others. That makes me feel very uncomfortable in itself but I am also worried that information could be used against me in family, criminal or other proceedings. Therefore, if I am forced to continue to attend mentoring I intend for the rest of the sessions…to read a book or engage in some other similar activity and will not be engaging in the sessions."
"Many of the benefits pertain regardless of QX's engagement, and in any event, removing the requirement on the basis of non-engagement would create an incentive for subjects to decline to participate which would be damaging to national security…
The mentoring obligation is designed to support an individual's re-integration into UK society. We assess that QX has not taken steps to reintegrate into UK society and has not achieved re-integration."
Condition A: The Secretary of State reasonably suspects that the individual is, or has been, involved in terrorism-related activity outside the United Kingdom; and
Condition B: The Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public in the United Kingdom from a risk of terrorism, for a temporary exclusion order to be imposed on the individual.
"…the controlee must be given sufficient information about the allegations against him to enable him to give effective instructions in relation to those allegations. Provided that this requirement is satisfied there can be a fair trial notwithstanding that the controlee is not provided with the detail or the sources of the evidence forming the basis of the allegations. Where, however, the open material consists of purely general assertions and the case against the controlee is based solely or to a decisive degree on closed materials the requirements of a fair trial will not be satisfied, however cogent the case based on the closed materials may be".
"All that is left of the Secretary of State's case is the bare assessment of the Security Service that BM posed an imminent risk of absconding...On the open material, that assessment is groundless…What I have decided is that the open material is not capable of supporting the decision."
On the basis that the open material was not capable of supporting the modification, he granted relief to the claimant.
The parties' submissions
Analysis and conclusions
(i) The claimant had a significant leadership role in an AQ-aligned group in Syria.
(ii) He is therefore likely to have made an ideological commitment to the violent beliefs and values of AQ (a group which seeks to carry out terror attacks in the United Kingdom).
(iii) He has refused to engage with the mentoring and theologian measure, which is designed to counter-balance any ideological commitment to violence.
(iv) National security requires individuals to submit to mentoring and theologian sessions even if they do not engage, at least in part because the removal of an appointments measure for want of co-operation would incentivise other dangerous individuals to do the same.