ABSTRACT
The applicants were an Indian Sikh family. The first applicant had entered the UK illegally in 1971 in search of employment. His wife had arrived in 1975 following their marriage; their two children were born in the UK. Mr Chahal had visited India in 1984 and claimed to have been arrested by the Punjab police, detained and tortured. He returned to the UK and was involved in political activities on behalf of the Sikh community. In October 1985 he was detained under the Prevention of Terrorism (Temporary Provisions) Act 1984 on suspicion of involvement in a conspiracy to assassinate the Indian Prime Minister, Mr Rajiv Gandhi, during an official visit to the United Kingdom. He was released for lack of evidence. He was arrested on other occasions and was either released without charge or had his convictions quashed. On 14 August 1990 the Home Secretary decided to deport Mr Chahal because his continued presence in the UK was not conducive to the public good for reasons of national security and other reasons of a political nature, namely the international fight against terrorism. He was detained in custody for deportation purposes. Mr Chahal’s claim for political asylum on 16 August 1990 was refused by the Home Secretary on 27 March 1991. Because of the national security elements of the case, there was no right of appeal against the deportation order. However, on 10 June 1991, the matter was considered by an advisory panel, chaired by a Court of Appeal judge and including a former president of the Immigration Appeal Tribunal. On 25 July 1991 the Home Secretary signed an order for Mr Chahal’s deportation, which was served on 29 July. Following judicial review proceedings the asylum refusal was quashed, the application further considered and a fresh decision taken to refuse asylum. Further legal proceedings followed. The first applicant remained in custody and the deportation order remained in force. Comm found unanimously V 3 and 8 if first applicant were deported, V 5(1), V 13, by majority (16-1) not necessary to examine 5(4).
