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Shortly after the outbreak of the Syrian Civil War and the emergence of the so-called ‘Islamic State’, concerns mounted that individuals were travelling to the region to take part in the hostilities, before returning to their countries of origin having been trained to commit acts of terrorism. In response, the British Parliament enacted the Counter-Terrorism and Security Act 2015 which introduced temporary exclusion orders; a relatively unknown administrative power which temporarily bars an individual from returning to the UK, before allowing for their managed return subject to restrictions. Although this power has, to date, been scarcely utilised, the implications of the mechanism for the right to a fair trial are significant. Whilst the decision to impose the mechanism is subject to automatic judicial review, these proceedings can take place without the individual’s knowledge or meaningful involvement due to the possibility of the review being heard in ex parte and in camera proceedings. Moreover, should the individual seek to challenge the Secretary of State’s decisions, or any of the conditions imposed upon their return, they must wait until they have returned to the UK, where the proceedings are again likely to take place in closed conditions.

In: The Asian Yearbook of Human Rights and Humanitarian Law
Author:

Abstract

Shortly after the outbreak of the Syrian Civil War and the emergence of the so-called ‘Islamic State’, concerns mounted that individuals were travelling to the region to take part in the hostilities, before returning to their countries of origin having been trained to commit acts of terrorism. In response, the British Parliament enacted the Counter-Terrorism and Security Act 2015 which introduced temporary exclusion orders; a relatively unknown administrative power which temporarily bars an individual from returning to the UK, before allowing for their managed return subject to restrictions. Although this power has, to date, been scarcely utilised, the implications of the mechanism for the right to a fair trial are significant. Whilst the decision to impose the mechanism is subject to automatic judicial review, these proceedings can take place without the individual’s knowledge or meaningful involvement due to the possibility of the review being heard in ex parte and in camera proceedings. Moreover, should the individual seek to challenge the Secretary of State’s decisions, or any of the conditions imposed upon their return, they must wait until they have returned to the UK, where the proceedings are again likely to take place in closed conditions.

In: The Asian Yearbook of Human Rights and Humanitarian Law
In: The Asian Yearbook of Human Rights and Humanitarian Law
In: The Asian Yearbook of Human Rights and Humanitarian Law
In: The Asian Yearbook of Human Rights and Humanitarian Law
In: The Asian Yearbook of Human Rights and Humanitarian Law
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.

Volumes of the The Asian Yearbook of Human Rights and Humanitarian Law are also available as E-Book.
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.

Volume 7 of the Yearbook covers a wide range of topics, which have been organized along four central themes: Human Rights Protection and Erosion during the (Post-) COVID-19 Pandemic; Economic, Social and Environmental Rights Contestation and Evolution; Human Rights Protection of Vulnerable Persons; and Human Rights and Democratic Values under Threat.
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region.

Volume 8 of the Yearbook covers a wide range of topics focusing on accountability under various legal regimes, which have been organized along four parts: Governance and Accountability, Justice and Accountability, Economic and Social Justice and Violence and Accountability.