UK Supreme Court Blog

EDITORS: Dan Tench, Emma Cross, Zainab Hodgson, Francesca Knight, James Warshaw and Natalie Haefner (CMS)
Hugh Tomlinson KC, Matthew Ryder KC, Dévante Gravesande-Smith and Rebecca Khan (Matrix)

Starting this morning in the Supreme Court is the appeal of Al-Sirri v Secretary of State for the Home Department, listed for two days in front of a panel of five (L Hope, L Walker, L Kerr, L Clarke, L Dyson). The appellant, an Egyptian national sentenced to death by an Egyptian court in his absence, had his asylum application refused on the basis he was excluded by the Refugee Convention 1951, Art1 F(c). The Home Secretary, however, had granted the appellant three periods of discretionary leave to remain in the UK which triggered a right to appeal to the Asylum and Immigration Tribunal against the refusal decision. The Appellant has petitioned the Supreme Court seeking clarification of the correct interpretation of “acts contrary to the purposes and principles of the United Nations” under Art1F. Case details are available here.

From Wednesday 16 May 2012 over two days is DD (Afghanistan) v Secretary of State for the Home Department, to be heard by the same panel. This is another challenge to the test for exclusion under Art1 F(c). The appellant in this matter is the younger brother of and was deputy to a prominent commander of the Jamiat-e-Islami, an organisation allied to the Taliban. His application for asylum was refused and the Secretary of State sought the exclusion of the appellant. It is for the Supreme Court to determine whether evidence of participation in military activity against Afghan and UN mandated NATO forces as a member of an insurgent group amounts to conduct contrary to the principles and purposes of the United Nations under Art1 F(c). Here are the case details.

On Wednesday 16 May 2012 the Supreme Court will hand down judgment in Humphreys v The Commissioners for Her Majesty’s Revenue and Customs.

There are no sittings or hand downs in the Privy Council this week.

The following Supreme Court judgments remain outstanding:

Stanford International Bank Ltd (acting by its joint liquidators) v Director of the Serious Fraud Office, heard 23 – 25 January 2012.

Assange v The Swedish Judicial Authority, heard 1 – 2 February 2012.

R (KM) (by his mother and litigation friend JM) v Cambridgeshire County Council, heard 7 – 9 February 2012.

Test Claimants in the Franked Investment Income Group Litigation v Commissioners of Inland Revenue and anor, heard 20 – 29 February 2012.

R (HH) v Deputy Prosecutor of the Italian Republic, R (PH) v Deputy Prosecutor of the Italian Republic, Genoa, BH (AP) and another v The Lord Advocate and another (Scotland), KAS or H (AP) v The Lord Advocate and another (Scotland) and Genoa  Filipek-Kwasny v Polish Judicial Authority, heard 5 – 8 March 2012.

NJDB v JEG & Anor, heard 13 March 2012.

Perry & Ors v Serious Organised Crime Agency and Perry & Ors (No. 2) v Serious Organised Crime Agency, heard 20 – 23 March 2012.

R v Waya, heard 27 – 30 March 2012.

Fairclough Homes Ltd v Summers, heard 18 – 19 April 2012.

R (Alvi) v Secretary of State for the Home Department, heard 24 – 27 April 2012.

Secretary of State for the Home Department v Munir and anor, heard 24 – 27 April 2012.

Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech Data Ltd, heard 30 April – 1 May 2012.

Phillips v Mulcaire, heard 8 May – 10 May 2012.