R v. Secretary of State for the Home Department, ex parte Chahal

Abstract

Aliens — Asylum — Refugees — Risk of being subjected to torture if expelled — Secretary of State’s finding that applicant posed a threat to national security — UN Convention on the Status of Refugees, 1951 — 1990 Statement on the Changes of Immigration Rules — Whether Secretary of State obliged to balance risk to individual if expelled with threat he posed to national security — Limits on Court’s powers to review Secretary of State’s decisions

Human rights — Torture and inhuman and degrading treatment — Deportation to State where applicant alleges risk of torture — Standards to be applied

Relationship of international law and municipal law — Treaties — Unincorporated treaties — European Convention on Human Rights, 1950 — International Covenant on Civil and Political Rights, 1966 — United Nations Convention against Torture, 1984 — No need to consider effect as relevant provisions similar to those of UN Convention on the Status of Refugees, 1951 incorporated by 1990 Statement on the Changes of Immigration Rules — The law of England