JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878 (28 July 2008)
In a recent decision informed by the interpretive principle in s 3 of the Human Rights Act 1998 (UK), the England and Wales Court of Appeal has read an additional word into a provision of the Asylum & Immigration (Treatment of Claimants etc) Act 2004 (UK) to ensure human rights compatibility. Despite there being no ambiguity in the provision, the court was willing to read in the additional word so that the provision would not offend the separation of powers doctrine and, implicitly, the right to a fair hearing.
Detailed case note.
Found in 10. Immigration/Asylum, 2008, Comparative Domestic, Select International and Comparative Caselaw, UK Court or Tribunal, s32 - Interpretation
