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Court revokes 'exile' decision Court revokes 'exile' decision
(19 minutes later)
A decision by the government to "exile" a terror suspect from London on the basis of secret evidence must be revoked, the High Court has ruled.A decision by the government to "exile" a terror suspect from London on the basis of secret evidence must be revoked, the High Court has ruled.
A judge ruled the decision was flawed because the father of five had not been given enough information to instruct lawyers to challenge his exile. A judge ruled the decision was flawed because the father of five had not been given enough information to mount a fair defence.
But the judge said he would have upheld the move if the law had allowed him to rely on secret evidence. The 36-year-old, known only as BM, was forced to move away from the east London area to a flat in Leicester.
The suspect is accused of belonging to a "network of Islamist extremists". He is accused of belonging to a "network of Islamist extremists".
BM was moved to Leicester in May through a modification to a control order already restricting his movements.
The government said the move was necessary to stop BM associating with his extremist contacts and his removal from London was necessary to minimise the risk of him absconding.
'Bare assertion'
BM's lawyers argued at the High Court in London that his continuing "internal exile" infringed his civil right to occupy his home.
Mr Justice Mitting agreed and ruled the modification to his control order deprived BM "of a civil right for a significant period".
On the basis of the closed material, I would have decided that the decision was not flawed Mr Justice Mitting
He went on to say a recent House of Lords decision in another case required that a controlled person "must be given sufficient information about the allegations against him" to enable him to effectively instruct defence lawyers.
The home secretary's refusal to reveal secret reports to BM meant the court was left with "a bare assertion" that there was a risk of absconding, and that assertion had to be treated by the court as "groundless".
But the judge said there was "closed material" - evidence heard by him in secret - that would have led to him coming to a different decision if the law had allowed him to take it into account.
"On the basis of the closed material, I would have decided that the decision was not flawed and would have upheld the modification, notwithstanding its significant and highly adverse impact upon BM's family, in particular upon his children," he said.
The judge gave the home secretary seven days to revoke the order and return BM to his home.
Government lawyers are considering whether to mount an urgent appeal.
The judge refused leave to appeal but the Home Secretary can still ask the Appeal Court to hear the case.