SS, appeal by
| Jurisdiction | UK Non-devolved |
| Judgment Date | 30 July 2010 |
| Case Outcome | Dismissed |
| Court | Special Immigration Appeals Commission |
| Appellant | SS |
| Subject Matter | Deportation |
Page
1
Appeal no: SC/56/2009
Hearing Dates: 13
th
& 14
th
July 2010
Date of Judgment: 30
th
July 2010
SPECIAL IMMIGRATION APPEALS COMMISSION
OPEN JUDGMENT
Before:
THE HONOURABLE MR JUSTICE MITTING (Chairman)
SENIOR IMMIGRATION
JUDGE GLEESON
MR M G TAYLOR
CBE DL
(
SS
)
APPELLANT
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
RESPONDENT
For the Appellants:
Mr M Mac
K
enzie
Instructed by TRP Solicitors
For the Respondent:
Mr S Kovats QC
I
nstructed by the Treasu
ry Solicitor for the
Secretary of State
Special Advocate:
Ms S J Farby & Mr M Goudie
Instructed by the Special Advocates Support Office
Page
2
The Hon. Mr Justice Mitting
:
Background
1.
SS is a forty four year old Libyan national. He arrived in the United Kingdom
on 8 April 2001 and claimed asylum on arrival. He said that he feared
persecution because he had been an active member of the Muslim
Brotherhood
in Libya. His claim was refused by the Secretary of State on 7
June 2001. He appealed to an adjudicator, who dismissed his appeal in a
determination promulgated on 7 February 2002. The adjudicator said that he
did not believe anything which SS had said which was material to his case.
Nevertheless, he concluded, for reasons which did not depend upon the truth
or otherwise of SS s account, that he could not safely be returned to Libya.
Consequently, on 7 May 2002, he was granted four years exceptional leave to
remain. On 24 May 2006, he was detained and served with a notice of
intention to deport him on conducive grounds. The Secretary of State believed
him to be an active member of the Libyan Islamic Fighting Group ( LIFG )
and that his continued presence in the United Kingdom posed a threat to its
national security.
Following the judgment
of SIAC in the lead cases of DD and
AS, handed down on 27 April 2007, SS was released on bail on 11 May 2007.
Following the dismissal by the Court of Appeal of the Secretary of State s
appeal against SIAC s judgment, notice of intention to deport was with
drawn
on 7
April 2008.
2. On 30 April 2008 he made a fresh claim for asylum. The basis for the claim
was a note verbale from the Libyan Government 2193 of 27 July 2006, which
confirmed that SS was a Libyan national and stated that he would be detained
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