R v Secretary of State for the Home Department, ex parte Adams
| Jurisdiction | England & Wales |
| Judgment Date | 10 August 1994 |
| Date | 10 August 1994 |
| Court | Divisional Court |
Queen's Bench Divisional Court
Prevention of terrorism - exclusion order - judicial review impossible
Given the premise that the Secretary of State for the Home Department was not obliged to give reasons for a decision under section 5 of the Prevention of Terrorism (Temporary Provisions) Act 1989 to impose an exclusion order, a decision under that section would not in practice be judicially reviewable except in the most exceptional circumstances.
The Queen's Bench Divisional Court (Lord Justice Steyn and Mr Justice Kay) so held on July 26, when dismissing the application of Mr Gerard Adams, President of Sinn Fein, for judicial review of two orders of the Home Secretary under the 1989 Act, the first an exclusion order under section 5 of the Act, and the second an order not to revoke the first order, under paragraph 4 of Schedule 2 to the Act.
HIS LORDSHIP said that without access to the information available to the secretary of state, the court could not form any judgment which would enable it to conclude that the secretary of state had acted for an improper purpose in the sense defined by Padfield v...
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