|
Pak Student lost bid to appeal in UK’s appeal court–Matter will go to european Court- Barrister Amjad Malik
On 10 December 2010, Lord Justice Stanley Burnton heard the plea of Abdul Wahab khan at court 69 at Court of Appeal , Strand, London at 2 pm where Amjad Malik represented you. Application to appeal of a Pakistani student Abdul Khan was refsued on the same day.Amjad Malik says, “No further appeal right was given and there is only option left to seek redress from ECHR if ahab wishes”.
Earlier in August 2010. Lord Justice Richards refusing permission ordered as following, “I see no definitional problem in SIAC’s finding that the applicant was a committed islamist extremist . The argument that SIAC’s procedure was in breach of article 6 ECHR cannot succeed, for reasons given in w (Algeria) [2010]EWCA civ 898, in particular at para 32 ( referring to deportation but equally applicable to a decision to exclude). SIAC’S findings concerning the email account and the various conclusions upon the closed as well as the open material ,are not open to successful challenge. SIAC was plainly correct that the applicant, as a Pakistani citizen physically present in Pakistani ( and on any view outside the control of the UK) is not within the jurisdiction of the UK for the purposes of the Human Rights ACT 1998 and the convention and that arguments based on article 3 ECHR cannot therefore succeed in his case.”
Abdul wahab Khan sought leave to challnge the judgement of Special Immigration Appeals Commission on 26 May 2010 under rule 27(2) of The Special Immigration Appeals Commission (Procedure) Rules 2003, which which was refused on 4 June 2010 by Mr. Justice Mitting saying "Permission to appeal refused. I do not believe that the grounds of appeal disclose an arguable issue of law with realistic prospects of success". He sought leave from Court of Appeal against the decision of SIAC dated 18 May 2010.Challenge is sought on the following grounds:-that The Commission (SIAC) erred in its approach at para 26 when it held that the appellant (Abdul Wahab Khan) was a committed Islamist extremist, however, the Commission failed to define what amounts to an Islamic extremism. that the Commission further erred in approach adopted in reaching to its conclusions at para 17 & 26 that the appellants were knowing parties to Naseer’s declared intention especially on 3 April 2009.that the Commission further erred when after finding at para 9 that it is sure – satisfied to the criminal standard – that the user of the sana_pakhtana account was an Al Qaeda associate, and then on para 16 that it is satisfied that Naseer was an Al Qaeda operative who posed and still poses a serious threat to the national security of the United Kingdom, it failed to find a link between Abdul Wahab Khan, and Tariq ur Rehman with the Sana_pakhtana email and or Pakistani contact who it considered was an Al-Qaeda associate. That the Commission further erred in law when it allowed the appeals of XC & UF after finding that those two appellants would be at risk of torture in Pakistan in the absence of written assurances, however, at the same time rejected other 2 appellants (Wahab & Tariq’s) submissions on Article 3 reasons.
On Tuesday 18th May 2010 Justice Miting announced judgemnet in the case of ‘Pathway’ on the appeals of all 5 namely Abid Naseer, Ahmed Faraz Khan, Abdul Wahab Khan, Shoaib Khan and Tariq Ur Rehman heard for 3 weeks from 9-26 March 2010 at Special Immigration Appeals Commission. Shoaib Khan was cleared from all allegations. Two others (Abid Naseer & Ahmed Faraz Khan) were allowed to stay in UK on the reasons due to fear of torture in Pakistan.
In the meantime United States has formally indicted Abid Naseer and Tariq Ur Rehman in New York court and extradition request has been made to UK for Abid Naseer’s hand over for trial in USA. The hearing of his extradition is expected in December 2010. Tariq Ur Rehman has petitioned to Chief justice of the Pak Supreme Court to avoid extradition without judicial oversight, where Pakistani authorities have submitted a response in SC Pakistan confirming they are not pursuing his extradition.
Abdul Wahab Khan had only avenue left to challenge the decision in the Court the European Court of Human Rights in Brussels.
Amjad Malik
Solicitor-Advocate
|