Passports, the prerogative, and process rights: XH & AI v Secretary of State for the Home Department [2017] EWCA Civ 41

14 Feb 2017 | by Jack Williams

Summary: The appellants’ British passports were cancelled on the grounds that they were suspected of intending to travel abroad in order to get involved with terrorism-related activity. The Court of Appeal dismissed the appellants’ argument that the Secretary of State’s exercise of purported power under the Royal Prerogative to cancel their passports was unlawful as the power had, in their submission, been excluded or limited by the Terrorism Prevention and Investigation Measures Act 2011. Instead, the Court held that such a prerogative power continues to exist. The Court of Appeal also dismissed arguments made on behalf of XH that the exercise of such power was, in any event, unlawful on the basis of EU law norms of procedural fairness. This case note discusses the first ground of appeal relating to the Royal Prerogative.

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Daniel Beard QC, Nikolaus Grubeck and Julianne Kerr Morrison were instructed by Hickman and Rose and acted on behalf of AI.

The comments made in this case note are wholly personal and do not reflect the views of any other members of Monckton Chambers, its tenants or clients.