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R (Lawal) v Secretary of State for the Home Department

Authors / Contributors: Bridget Dolan , Briony Ballard
14.16
R (Lawal) v Secretary of State for the Home Department
   
Issue: Whether the Secretary of State for the Home Department could lawfully remove a potential material witness to a death in custody, in circumstances where their evidence had not been secured and a coroner had not made a decision as to whether they were required to give evidence at the inquest hearing; whether the Secretary of State’s failure to have in place a policy framework, which made clear provision for a proper investigation into witnesses to a death in custody prior to any enforcement action being taken, was a breach of Art 2 procedural obligations.
   
Court: Upper Tribunal (IAC)
   
Reference:   JR/626/2020 (V)
   
Neutral Citation:   [2021] UKUT 114 (IAC)
   
Judge(s): Lane J (President), UTJ Canavan
   
Date: 20 April 2021