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Words: | Submitted: Tue Jun 20 2006
... is told that the decision to detain him has been taken at a "high level" within the Home Office, and on expert advice, but that no reasons can be provided without unacceptably endangering national security. Advise Scroggs. It is clear that judicial review would be the appropriate mode of challenge to such decisions, given the fact that Scroggs has no private law right which could allow for him to be exonerated in the ordinary civil action context (O'Reilly v. Mackman (1983)). In order to challenge the decision relating to his indefinite detention for being a suspected terrorist, Scroggs will wish to show that this decision by the Home Office to detain him was in clear breach of the principles of natural justice [why natural justice? We are not told that Scroggs has and to do so, he must make an application for judicial review of the relevant regulation. Moreover, it must be ...
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