Source: All England Reporter
Publisher Citation: [2001] All ER (D) 01 (Oct)
Court: Administrative Court
Judge:

Turner J

Representation Nicolas Blake, Mathew Rider and Raza Husain (instructed by Christian Fisher) for the claimant.
  David Pannick QC and Steven Kovats (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 1 October 2001

Catchwords

Immigration - Leave to enter - Right of entry - Exclusion - Applicant excluded by Secretary of State - Secretary of State considering applicant a risk to public order - Whether decision to maintain exclusion proportionate - Whether Secretary of State possessing evidence that applicant would endanger community relations - European Convention on Human Rights, art 10.

The Case

The Home Secretary had unlawfully excluded the leader of the Nation of Islam in circumstances where he had concluded that he would endanger community relations and cause racial, religious or ethnic tension without sufficient evidence to support that decision.

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