MS and MBT v. Secretary of State for the Home Department; Secretary of State for the Home Department v. MS

Abstract

Aliens — Refugee status — Convention relating to the Status of Refugees, 1951 — Article 1F(a) — Exclusion from protection — Involvement in terrorist activities in home country — Removal of migrants to home country breaching Article 3 of European Convention on Human Rights, 1950 — Migrants granted leave to remain in United Kingdom — Whether granting of indefinite leave to remain appropriate — Whether restricted leave to remain policy unlawful

Relationship of international law and municipal law — Treaties — Convention relating to the Status of Refugees, 1951 — Article 1F(a) — Refugee status — Exclusion from protection — Involvement in terrorist activities in home country — Removal of migrants to home country breaching Article 3 of European Convention on Human Rights, 1950 — Migrants granted leave to remain — Long and lawful residence in the United Kingdom since involvement in terrorist offences — Whether constituting exceptional circumstance warranting settlement in the United Kingdom — Whether outweighing United Kingdom’s policy objectives not to provide safe haven to terrorists

Terrorism — Convention relating to the Status of Refugees, 1951 — Article 1F(a) — Refugee status — Exclusion from protection — Involvement in terrorist activities in home country — Migrants granted leave to remain in United Kingdom — Long and lawful residence in the United Kingdom since involvement in terrorist offences — Whether constituting exceptional circumstance warranting settlement in the United Kingdom — Whether outweighing United Kingdom’s policy objectives not to provide safe haven to terrorists — Whether granting of indefinite leave to remain appropriate — United Kingdom’s policy objectives not to provide safe haven to terrorists — Whether restricted leave to remain policy unlawful

Human rights — Right to privacy and family life — European Convention on Human Rights, 1950 — Article 8 — Whether conditions imposed upon migrants under restricted leave to remain policy interfering with their right to privacy and family life — Immigration Act 1971 — The law of England