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RB (Algeria)(FC) and U v Secretary of State for the Home Department

DATE: 18 Feb 2009

On 18th February 2009 the House of Lords gave judgment in this case, which concerned the decision of the Secretary of State to deport three alleged terrorists to Algeria or Jordan. The Lords upheld the decision of the Court of Appeal, which had in turn upheld the decision of SIAC that removal was lawful and compatible with Article 3 of the ECHR. In doing so, the Lords accepted that the Secretary of State was entitled to rely on diplomatic assurances given by Algeria and Jordan that the three would be properly treated in Jordan and Algeria, despite the track-record of torture in both those states. An application to Strasbourg is highly likely.

Richard Drabble QC appeared for U, one of the Algerians.