Beneficent Spiritist Center União do Vegetal v Secretary of State for the Home Department: [2017] EWHC 1963 (Admin): High Court of Justice (England and Wales), Queen’s Bench Division (Administrative Court): Sir Ross Cranston: 28 June 2017 [Case Note]

Mcfaul, Hugh (2017). Beneficent Spiritist Center União do Vegetal v Secretary of State for the Home Department: [2017] EWHC 1963 (Admin): High Court of Justice (England and Wales), Queen’s Bench Division (Administrative Court): Sir Ross Cranston: 28 June 2017 [Case Note]. Oxford Journal of Law and Religion, 7(1) pp. 169–170.

DOI: https://doi.org/10.1093/ojlr/rwx056

Abstract

Human rights – Freedom of religion or belief – Interference with – Claimant recognized religious group in Brazil – Secretary of State refusing claimant’s application for licence to import, possess, and supply hoasca tea for the purposes of consumption by its congregation – Hoasca containing Class A drug controlled under Misuse of Drugs Act 1971 – Claimant seeking judicial review of Secretary of State’s decision, arguing decision breach of its members' rights to manifest their religion or beliefs – Claimant's application for judicial review refused on the papers – Claimant making renewed application for judicial review – Whether decision infringement of right to freedom of religion of members of claimant's congregation – Whether necessary and proportionate interference with right to freedom of religion or belief – European Convention on Human Rights, art 9 – Misuse of Drugs Act 1971, s 7 – United Nations (UN) Convention on Psychotropic Substances 1971, art 7

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