The Secretary of State’s Decision
6. It is necessary to analyse the Secretary of State’s decision in a little detail. The decision refers to the Order of a Spanish Court dated 07 November 1989 whereby the Appellant was convicted of the murder of 12 civil guards and injury to 43 civil guards and 17 civilians, all perpetrated on 14 July 1986. These offences were committed in the name of the terrorist organisation ETA. The decision letter states: “ In appraising the interests of public policy and security, it is determined that your involvement in these serious offences, as evidenced by the imposition of a custodial sentence of 30 years in Spain, are evidence of your personal conduct constituting a present threat to the requirement of that policy. Therefore your past terrorist conduct itself justifies your deportation. ” 7. The second reason given for the deportation decision is expressed in the following passage: “ Furthermore, there is no evidence that you have severed your links to Basque terrorists ….
The Metropolitan Police have provided copies of forged identity cards (which contained your photograph) found at [address] where you were living with a man named …. [who] was wanted in Spain for his involvement in ETA Basque separatist related offences. He was accused of being a member of an armed group and possession of explosives …. [and] on 16 August 2013 [he] was extradited from the United Kingdom to Spain in order to be tried for this matter. ” The decision continues: “ Falsified documents can be used to enable identity, theft, age deception,
- PART 1
- Introduction
- The Statutory Framework
- The Secretary of State’s Decision
- organised crime
- The European Arrest Warrant
- current
- Del Rio Prada v Spain
- Spanish Judicial Authority v Arranz (No 3)
- The Appellant’s Witness Statements
- The Operative Extradition Decision
- itself
- The Principal Grounds of Appeal
- deduced
- The Burden of Proof Issue
- Insofar as the appeal relies upon the 2006 Regulations, the burden is also on the Appellant, the standard being the balance of probabilities
- this
- might
- Other Grounds of Appeal
- (i) Misunderstanding The Evidence
- E v Secretary of State for the Home Department; R v Secretary of State for the Home Department
- E & R
- (ii) Misunderstanding the Second Divisional Court’s Decision
- Paragraph 27
- Paragraph 28
- Paragraph 60
- Kandola
- Spanish Judicial Authority v Arranz
- Vanda Puceviciene
- persecution
- (iv) The Article 6 ECHR Issue
- R (EM Eritrea) v SSHD
- flagrant breach
- R (Ullah) v SSHD
- Conclusion
- PART 2
- The Evidence of Professor Silke
- The Battle Lines Drawn
- in itself
- General
- JS (Sudan)
- The ‘Colectivo’ Issue
- Risk of Reoffending
- The Appellant’s Terrorist Criminality and ETA
- from this perspective,
- Del Rio Prada
- could
- The Reluctant Witness
- Marchon v Immigration Appeal Tribunal
- Nazli
- Ex parte Marchon
- Bouchereau
- Omnibus Conclusion
