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A & Ors v. Secretary of State for the Home Department

A & Ors v. Secretary of State for the Home Department

Case [2004] UKHL 56

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Case: [2004] UKHL 56
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Cases Citing This Decision

AIX20 v Director-General of Security (No 2) [2024] FCA 1130
Citation 1 (Para 17)

…] the Full Court set out the similar views expressed by Lord Nicholls of Birkenhead in A & Ors v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 at [79]. At [59] their Honours concluded: The observations of their Honours in Alister and of his Lordship in A & Ors were made in a different…
NZDSOS Inc v Minister for COVID-19 Response [2022] NZHC 716
Citation 2

…68 A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68.…
Attorney-General v Taylor [2017] NZCA 215
Citation 3 (Para 29)

…ell “Judicial deference: servility, civility or institutional capacity?” (2003) PL 592 at 598; and A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68 at [29] per Lord Bingham of Cornhill and at [116] per Lord Hope of Craighead.…
Williams v Craig [2017] NZHC 724
Citation 4 (Para 29)

…ell “Judicial deference: servility, civility or institutional capacity?” (2003) PL 592 at 598; and A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68 at [29] per Lord Bingham of Cornhill and at [116] per Lord Hope of Craighead.…
Guo v Immigration and Protection Tribunal [2014] NZHC 804
Citation 5

…ster of Immigration [2013] NZHL 2070, Tavita v Minister of Immigration [1994] 2 NZLR 257, A (FC) and Ors v Secretary of State for the Home Department [2004] UKHL 56 and the affidavit of Mr Jianyoung Guo sworn 12 August 2013 filed herein.…
Child Poverty Action Group Inc v Attorney-General [2013] NZCA 402
Citation 6 (Para 145)

…76 A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68 at [145]. 77 At [29] Lord Bingham referred to the “demarcation of functions” and questions of “relative institutional competence”; see also at [42].…
M v Minister of Immigration [2012] NZCA 489
Citation 7

…36 A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68. 37 At [56].…
Child Poverty Action Group Inc v Attorney-General [2012] NZHC 675
Citation 8

…[4] See for example A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68 and R (Carson) v Secretary of State for Work and Pensions [2005] UKHL 37, [2006] 1 AC 173.…
Child Poverty Action Group Incorporated v Attorney-General HC Wellington Civ-2009-404-273 [2011] NZHC 1228
Citation 9 (Para 53)

…for the Home Department [2008] UKHL 42, [2008] 1 WLR 1434 at [28], [43] and [44] per Baroness Hale. 55 A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68 at [53] per Lord Bingham. 56 Miron v Trudel [1995] 2 SCR 418. 57 Withler v Canada (Attorney-General) 2011 SCC 12, [2011] 1 SCR 396 at…
AL (Serbia) v Secretary of State for the Home Department [2008] UKHL 42
Citation 10

…than others, could be justified. It is, as Lord Bingham of Cornhill reminded us in A and Others v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68, at para 68, the discriminatory effect of the measure which must be justified, not the measure itself. There were several reasons for singlin…
Secretary of State for the Home Department v JJ [2007] UKHL 45
Citation 11

…ch the House had found to be incompatible with articles 5 and 14 of the Convention in A and others v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68. The purpose of the 2005 Act, as expressed in the long title, was “to provide for the making against individuals involved in terrorism- rel…
Belfast City Council v Miss Behavin' Ltd [2007] UKHL 19
Citation 12

…nvention”: R v. DPP, Ex p Kebilene [2000] 2 AC 326, 381B-D per Lord Hope; A v. Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, paragraphs 37-42 per Lord Bingham. The existence of a discretionary area of judgment means necessarily that there may be decisions which a court could regard as…
A v Secretary of State for the Home Department (No 2) [2005] UKHL 71
Citation 13

…udgment in December 2004: A and others v Secretary of State for the Home Department, X and another v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68. In their opinions given then, members of the House recited the relevant legislative provisions and recounted the relevant history of the i…
REFERENCE by the Attorney General for Northern Ireland - Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32
Citation 14

…s Act, or the development of the common law. As Lord Bingham of Cornhill stated in the Belmarsh case ( A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, para 44), with the agreement of the majority of a nine-member Appellate Committee of the House of Lords:…
Director of Public Prosecutions v Ziegler [2021] UKSC 23
Citation 15

…the decision of the public authority subject only to review according to the rationality standard: see A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 (“the Belmarsh case”), paras 40-42 and 44 (per Lord Bingham of Cornhill, with whom a majority of the nine-member appellate committee…
Begum (Respondent) v Secretary of State for the Home Department (Appellant) [2021] UKSC 7
Citation 16

…These points have been reiterated in later cases, including A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 (“ A ”) and R (Lord Carlile of Berriew) v Secretary of State for the Home Department [2014] UKSC 60; [2015] AC 945. 63. Considering, against that background, the functions and…
R (on the application of DS and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) [2019] UKSC 21
Citation 17

…focus of the justification too widely? He described it as “the legislation governing the cap”. In A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68, Lord Bingham of Cornhill stated in para 68: “What has to be justified is not the measure in issue but the difference in treatment between…
B (Algeria) (Respondent) v Secretary of State for the Home Department (Appellant) [2018] UKSC 5
Citation 18

…orism Act 2005 (“the 2005 Act”) following the decision of the House of Lords in A and others v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68. B was then released from detention on 11 March 2005, and made subject to a control order under the 2005 Act. He was admitted to the Royal Free H…
R (Kambadzi) v Secretary of State for the Home Department [2011] UKSC 23
Citation 19

…In A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68, para 8 Lord Bingham of Cornhill said that Woolf J’s guidance in Hardial Singh had never been questioned. In R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888, [2003] INLR 196, para 46, Dyson LJ said that counsel…
AL (Serbia) v Secretary of State for the Home Department [2008] UKHL 42
Citation 20

…tment than others, could be justified. It is, as Lord Bingham of Cornhill reminded us in A and Others v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68, at para 68, the discriminatory effect of the measure which must be justified, not the measure itself. There were several reasons for si…
A & Ors v. Secretary of State for the Home Department [2005] UKHL 71
Citation 21

…gave judgment in December 2004: A and others v Secretary of State for the Home Department, X and another v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68. In their opinions given then, members of the House recited the relevant legislative provisions and recounted the relevant history of…
Belfast City Council v. Miss Behavin' Ltd (Northern Ireland) [2007] UKHL 19
Citation 22

…atible with the Convention": R v. DPP, Ex p Kebilene [2000] 2 AC 326, 381B-D per Lord Hope; A v. Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, paragraphs 37-42 per Lord Bingham. The existence of a discretionary area of judgment means necessarily that there may be decisions which a cou…
Gillan, R (on the application of) v. Commissioner of Police for the Metropolis & Anor [2006] UKHL 12
Citation 23

…on which the respondents' evidence can be rejected. This is not a question of deference but of what in A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68, para 29, was called "relative institutional competence".…
Secretary of State for the Home Department v AF & Anor [2009] UKHL 28
Citation 24

…ermitted to consult their clients in order to take instructions in relation to the closed material. In A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 this House quashed the Derogation Order and declared section 23 of the ATCSA incompatible with articles 5 and 14 of the Convention. P…
Secretary of State for the Home Department v JJ & Ors [2007] UKHL 45
Citation 25

…3, which the House had found to be incompatible with articles 5 and 14 of the Convention in A and others v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68. The purpose of the 2005 Act, as expressed in the long title, was "to provide for the making against individuals involved in terroris…
Secretary of State for the Home Department v MB [2007] UKHL 46
Citation 26

…ll within the definitions, as my noble and learned friend Baroness Hale recognised in A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68, para 223. To the extent that any loopholes have been thought to exist Parliament has sought to fill them. I see great force in this approach. On any…
Abortion Services (Safe Access Zones), REFERENCE by the Attorney General for Northern Ireland [2022] UKSC 32
Citation 27

…C 68, para 44), with the agreement of the majority of a nine-member Appellate Committee of the House of Lords: “The European Court does not approach questions of proportionality as questions of pure fact: see, for example, Smith and Grady v United Kingdom (1999) 29 EHRR 493. Nor should domestic courts do so.” Tha…
B (Algeria) v Secretary of State for the Home Department [2018] UKSC 5
Citation 28

…Terrorism Act 2005 (“the 2005 Act”) following the decision of the House of Lords in A and others v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68. B was then released from detention on 11 March 2005, and made subject to a control order under the 2005 Act. He was admitted to the Royal Fr…
Bank Mellat v Her Majesty's Treasury (No. 2) [2013] UKSC 39
Citation 29

…t with Lord Sumption as to the relevant legal principles: other than in relation to the ratio of A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, and the issue discussed in paras 123-124, we differ only in relation to the application of the law to the facts. I wish first however to c…
Begum, R. (on the application of) v Special Immigration Appeals Commission & Anor [2021] UKSC 7
Citation 30

…These points have been reiterated in later cases, including A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 (“ A ”) and R (Lord Carlile of Berriew) v Secretary of State for the Home Department [2014] UKSC 60; [2015] AC 945.…
DA & Ors, R (on the application of) v Secretary of State for Work and Pensions [2019] UKSC 21
Citation 31

…focus of the justification too widely? He described it as “the legislation governing the cap”. In A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68, Lord Bingham of Cornhill stated in para 68:…
Director of Public Prosecutions v Ziegler & Ors (Rev1) [2021] UKSC 23
Citation 32

…the decision of the public authority subject only to review according to the rationality standard: see A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 (“the Belmarsh case”), paras 40-42 and 44 (per Lord Bingham of Cornhill, with whom a majority of the nine-member appellate committee…
Nicklinson & Anor R (on the application of) (Rev 1) [2014] UKSC 38
Citation 33

…t [2004] UKHL 56; [2005] 2 AC 68, paras 29 and 38-39, per Lord Bingham, R (SB) v Governors of Denbigh High School [2006] UKHL 15, [2007] 1 AC 100, para 34, per Lord Bingham, R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] UKHL 15, [2008] 1 AC 1312, para 53, per Lady Hal…
Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs; Dalston Projects Ltd & Ors v Secretary of State for Transport [2025] UKSC 30
Citation 34

…e public authority subject only to review according to the rationality standard: see A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 ("the Belmarsh case"), paras 40-42 and 44 (per Lord Bingham, with whom a majority of the nine-member appellate committee agreed); Huang , para 11; R (S…
SK (Zimbabwe) v Secretary of State for the Home Department [2011] UKSC 23
Citation 35

…In A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68, para 8 Lord Bingham of Cornhill said that Woolf J's guidance in Hardial Singh had never been questioned. In R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888, [2003] INLR 196, para 46, Dyson LJ said that counsel…
Smith & Ors v The Ministry of Defence [2013] UKSC 41
Citation 36

…he state is composed: Lawless v Ireland (No 3) (1961) 1 EHRR 15, para 28. It will be recalled that in A v Secretary of State for the Home Department [2004] UKHL 56, [2005] 2 AC 68 it was held that the Human Rights Act 1998 (Designed Derogation) Order 2001, which had been made to derogate from the right to persona…
U3 v Secretary of State for the Home Department [2025] UKSC 19
Citation 37

…the analysis set out above. That approach was also followed by Lord Bingham of Cornhill in the case of A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 (" A "), which was concerned with a measure taken to counter the threat of terrorism. Citing Lord Hoffmann's speech in Rehman, he sai…
Attorney General for Bermuda v Ferguson & Ors (Bermuda) (Rev1) [2022] UKPC 5
Citation 38

…s (such as that which exists in Bermuda): “The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts ... We cannot, because o…
Attorney General of Trinidad and Tobago v Charles (No 2) (Trinidad and Tobago) [2022] UKPC 31
Citation 39

…nister of Home Affairs v Fisher [1980] AC 319, 328-330 . Lord Bingham summarised the position in A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 (the so-called Belmarsh case) at para 36:…
Duncan & Anor v Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2021] UKPC 17
Citation 40

…Minister of Home Affairs v Fisher [1980] AC 319, 328-330. Lord Bingham summarised the position in A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68 (the so-called Belmarsh case) at para 36:…

Cases Cited

Statutory Material Cited

Ghaidan v. Godin-Mendoza [2004] UKHL 30
Citation 1

…rk and Pensions [2002] EWHC 978 (Admin), [2002] 3 All ER 994, para 52, [2003] EWCA Civ 797, [2003] 3 All ER 577, paras 56-61, Ghaidan v Godin-Mendoza [2004] UKHL 30, [2004] 3 WLR 113, paras 133-134 and R(S) v Chief Constable of the South Yorkshire Police [2004] UKHL 39, [2004] 1 WLR 2196. As expressed in para 42…
LS, R (on application of) v South Yorkshire Police (Consolidated Appeals) [2004] UKHL 39
Citation 2

…ER 577, paras 56-61, Ghaidan v Godin-Mendoza [2004] UKHL 30, [2004] 3 WLR 113, paras 133-134 and R(S) v Chief Constable of the South Yorkshire Police [2004] UKHL 39, [2004] 1 WLR 2196. As expressed in para 42 of this last case the questions are:…
Secretary of State For The Home Department, Ex Parte Daly, R v. [2001] UKHL 26
Citation 3

…hed" and that "the intensity of review is somewhat greater under the proportionality approach": R (Daly) v Secretary of State for the Home Department [2001] UKHL 26, [2001] 2 AC 532, paras 23, 27.…

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