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Shamima Begum
Why the Court of Appeal judgment was a careful balancing act, and not a political decision
My latest @FT 'guided tour' video, with @tomhannen
FT: https://www.ft.com/video/53b1674e-5988-4aa9-a5eb-13899a550831?utm_source=dlvr.it&utm_medium=twitter
YouTube:
Why the Court of Appeal judgment was a careful balancing act, and not a political decision
My latest @FT 'guided tour' video, with @tomhannen
FT: https://www.ft.com/video/53b1674e-5988-4aa9-a5eb-13899a550831?utm_source=dlvr.it&utm_medium=twitter
YouTube:
In essence
The Court sided with neither Begum or the government, but made two decisions which meant the SIAC proceedings below could continue and SIAC would do its job
The alternatives would have been grossly unfair to Begum *and* the UK government
The Court sided with neither Begum or the government, but made two decisions which meant the SIAC proceedings below could continue and SIAC would do its job
The alternatives would have been grossly unfair to Begum *and* the UK government
The key sentence is in paragraph 95 of the judgment:
"Fairness is not one-sided and requires proper consideration to be given not just to the position of Ms Begum but the position of the Secretary of State."
https://www.bailii.org/ew/cases/EWCA/Civ/2020/918.html
"Fairness is not one-sided and requires proper consideration to be given not just to the position of Ms Begum but the position of the Secretary of State."
https://www.bailii.org/ew/cases/EWCA/Civ/2020/918.html
Anyone condemning this judgment as 'political' has not read it
The alternatives to Begum being allowed back for her case were either allowing her appeal outright or SIAT continuing with an unfair process
Neither acceptable
The alternatives to Begum being allowed back for her case were either allowing her appeal outright or SIAT continuing with an unfair process
Neither acceptable
Para 120
National security concerns could be addressed and managed if she returns to UK
Security Service/CPS could consider the evidence and public interest tests, so she could be arrested and charged immediately upon her arrival
Or she could be made the subject of a TPIM
National security concerns could be addressed and managed if she returns to UK
Security Service/CPS could consider the evidence and public interest tests, so she could be arrested and charged immediately upon her arrival
Or she could be made the subject of a TPIM
I use this video to explain the Court of Appeal's careful balancing act in this difficult case, and I also try to explain about the way judgments are structured and how to read a judgment
Constructive feedback welcome
Constructive feedback welcome
