R (on the application of AP) v Secretary of State for the Home Department [2010] UKSC 24, [2010] All ER (D) 108 (Jun)
Supreme Court, Lord Phillips (president), Lord Saville, Lord Rodger, Lord
Walker, Lord Brown, Lord Clarke and Sir John Dyson SCJ, 16 June 2010
Conditions which are proportionate restrictions upon rights under Art 8 of the European Convention on Human Rights to respect for private and family life can “tip the balance” in relation to Art 5 in determining whether a control order breaches Art 5.
Edward Fitzgerald QC and Kate Markus (instructed by Wilson Solicitors LLP) for the appellant. Robin Tam QC, Tim Eicke and Rory Dunlop (instructed by the Treasury Solicitor) for the respondent.
The appellant, AP was an Ethiopian national. In October 1999, he was granted indefinite leave to remain. He was later made subject to a control order. The order subjected him to a 16-hour curfew and electronic tagging, together with a number of other restrictions on association. It first required him to live in London, where his family had always lived but in April 2008 it was modified
