Jurisdiction(s):
United Kingdom

High Court: de‑proscription/POAC not an adequate alternative remedy to bar JR of Terrorism Act proscription; permission on ECHR proportionality and consultation—R (Ammori) v SSHD

Published on: 19 August 2025

Published by a LexisNexis Public Law expert

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Article summary

R (Ammori) v Secretary of State for the Home Department [2025] EWHC 2013 (Admin)

What are the practical implications of this case?

Grasping the effect of this judgment will assist practitioners advising clients on challenges to proscription decisions, particularly where the defendant advances an objection which, if resolved in the defendant’s favour, would be fatal to the claim. Such a contention should therefore be determined as a preliminary issue. In that context, the court will also consider whether the issue is liable to arise in other matters, and thus its broader significance. The court remarked that, although nothing prevents an organisation from seeking de-proscription soon after it is first proscribed, the original proscription decision is temporally distinct from a decision refusing a de-proscription application. Once a de-proscription application is lodged, the SSHD has 90 days to determine it. During that period, and then while any appeal to POAC is pending, and unless and until a de-proscription order is made, the organisation remains proscribed. Legislation does not seek to oust judicial review of proscription decisions. Accordingly, if there is an arguable basis on which to pursue judicial review of a proscription decision, the court may entertain that challenge as appropriate, properly...

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