- Cited — Assurant General Insurance Limited, R (on the application of) v Financial Ombudsman Service Limited & Ors 2023-09-18
“…, if called upon to do so in a case of dispute, decide whether the requirement has been satisfied: R v Secretary of State for the Home Department, Ex p Khawaja [1984] AC 74, 110, per Lord Scarman. On the other hand, as Sir Thomas Bingham MR observed in R v Secretary of State for the Home Department, Ex p Onibiyo [1996] QB 768, 785…”
- Cited — Assurant General Insurance Limited, R (on the application of) v Financial Ombudsman Service Limited & Ors 2023-09-18
“… context of the Secretary of State’s power to detain a person under the Immigration Act 1971: see R v Secretary of State for the Home Department, ex p. Khawaja [1984] AC 74.…”
- Cited — C3 & Anor v The Secretary of State for Foreign, Commonwealth & Development Affairs 2023-04-25
“…[1984] AC 74 at 111. It is not a discretionary remedy. Thus, if detention cannot be legally justified, entitlement to release cannot be denied by public policy consideratio…”
- Cited — Kaitey (R on the application of) v Secretary of State for the Home Department 2021-12-10
“…reme jealousy any claim by the executive to imprison a citizen without trial and allow it only if it is clearly justified by the statutory language relied on’: [1984] AC 74, at 122 (Lord Bridge of Harwich).”…”
- Followed — Maughan, R (On the Application Of) v Her Majesty's Senior Coroner for Oxfordshire 2019-05-10
“… itself been cited, although not expressly referred to in the judgment, in ex parte Gray – and R v Secretary of State for the Home Department, ex parte Khawaja [1984] AC 74 (in particular the observations of Lord Scarman at p. 112). Having cited at length from ex parte Gray, Woolf LJ went on as follows at p.727F:…”
- Cited — DN (Rwanda) v The Secretary of State for the Home Department 2018-02-22
“…As Lord Bridge held in R(Khawaja) v Secretary of State for the Home Department [1984] AC 74, 122, we should regard “with extreme jealousy” the power of the Executive to detain a person without trial. In addition, where a person is detained with a view…”
- Cited — Bajracharya, R (On the Application Of) v Secretary of State for the Home Department 2018-02-22
“…ons are satisfied, including the determination of relevant questions of fact. On the reasoning in [R v Secretary of State for the Home Department, Ex p Khawaja [1984] AC 74] and [R v Secretary of State for the Home Department, Ex p Bugdaycay [1987] AC 514], their findings on such matters are open to challenge in judicial review pr…”