R (Ullah) v Special Adjudicator

Regina v. Special Adjudicator ex parte Ullah, also known as Do v. Secretary of State for the Home Department [2004] UKHL 26 on appeal from [2002] EWCA Civ 1856, was a legal case in the United Kingdom.The appellants in the cases, Mr Ullah and Miss Do, wished to rely on an Article of the European Convention on Human Rights other than Article 3 (no body shall be subjected to torture or inhuman or degrading treatment or punishment).The Appellants wished to rely on Article 9 of the Convention, guaranteeing the right to freedom, thought and conscience.Here it is stated (using the judgment of the Court of Appeal, [2002] EWCA Civ 1856, as authority) that the Appellants, in order to rely on Article 9, would have to prove that the interference with Convention Rights was 'flagrant'.In the present case it was decided that the interference was not flagrant (see Paragraph 69-70 of the judgment by Lord Carswell for a brief discussion of the term 'flagrant'), which is why the appeal was dismissed in all courts.
ex parteUnited KingdomAppellate Committee of the House of LordsLord BinghamLord SteynLord WalkerBaroness HaleLord Carswelldeportedhuman rightsasylumEuropean Convention on Human RightsArticle 3tortureinhuman or degrading treatmentArticle 9 of the ConventionCourt of AppealHuman Rights Act 1998