17 November, 2014

Maryam Rajavi ~ Legal challenge to her exclusion from the UK failed

The Supreme Court of the UK has dismissed an appeal against the Home Secretary's exclusion from the UK of dissident Iranian politician Maryam Rajavi.  The majority justices were Lord Neuberger (President); Lady Hale (Deputy President); Lord Clarke and Lord Sumption.  Lord Kerr dissented.

In essence, the court's role was limited to examination of whether the Home Secretary had acted lawfully.  It was held that that was so.  There was no basis on which the court was able to substitute its own opinion for that of the constitutionally appointed decision-maker on this matter.

The full judgment is at R (Lord Carlile of Berriew QC) and others v Secretary of State for the Home Department [2014] UKSC 60 and an explanatory memorandum is available.

Please also see the Of Interest to Lawyers blog for a succinct summary of the case and a more detailed look at the case is at the UK Human Rights blog - HERE.