AS AND ANOTHER (LIBYA) V SECRETARY OF STATE FOR THE HOME DEPARTMENT [2008] EWCA CIV 289

In this case, the Court of Appeal has considered the approach of first instance courts and tribunals to opinion evidence from governmental sources. The question arose during the Home Secretary’s appeal from the Special Immigration Appeals Commission (SIAC) against its quashing of a deportation order. SIAC had heard the expert evidence of a retired diplomat employed as a consultant to the Foreign and Commonwealth Office (FCO); he outlined both his own personal views and the position of the FCO. SIAC accepted much of the expert’s evidence, but not all. The Home Secretary argued that on national security issues, SIAC should defer to the views of the FCO, as its experience and understanding of such sensitive matters was superior to that of the courts.

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