BB,W,PP,U,Y and Z v Secretary of State for the Home Department

01 Jan 2018

Public Law and Judicial Review

The Special Immigration Appeals Commission (“SIAC”) has delivered its long-awaited judgment in W Algeria and others. This controversial case concerns the safety on return to Algeria of the Appellants and has already been the subject of many decisions in the Appellate Courts.

Algeria is one of the few countries whose human rights record is such that nationals can only be returned to it from the UK if deported with specific assurances (colloquially referred to as DWA).

It is generally accepted that, unless those assurances are credible and are capable of verification in practice, then to return any national will breach the UK’s Article 3 ECHR obligations towards them.

SIAC concluded that the Appellants could not safely be returned under DWA arrangements because compliance with the assurances was not in fact capable of adequate verification. Judgments were delivered in Open and Closed forms.

Ashley Underwood QC was the lead Special Advocate acting in the interests of the Appellants.