R (Geller & Anor) v Secretary of State for the Home Department[2015] EWCA Civ 45: Court of Appeal (England and Wales) (Civil Division): Patten, Tomlinson, and Floyd LJJ: 5 February 2015 [Case Note]

Mcfaul, Hugh (2015). R (Geller & Anor) v Secretary of State for the Home Department[2015] EWCA Civ 45: Court of Appeal (England and Wales) (Civil Division): Patten, Tomlinson, and Floyd LJJ: 5 February 2015 [Case Note]. Oxford Journal of Law and Religion, 4(3) pp. 540–541.

DOI: https://doi.org/10.1093/ojlr/rwv035

Abstract

Human Rights – Freedom of expression – Interference with – Two US authors with Islamaphobic views seeking entry to the United Kingdom to speak at rally soon after religiously motivated murder of serviceman on British street – Entry refused by Home Secretary on Police advice that visit would not be conducive to public good, would undermine community cohesion, and could cause serious violence – US authors' application for permission to make claim for judicial review of Home Secretary’s decision refused – Appeal to Court of Appeal – Whether Home Secretary’s exclusion order based on 'unacceptable behaviours' policy lawful – Whether infringement of right to freedom of expression – Whether US authors should be permitted to make claim for judicial review – Human Rights Act 1998, Sch 1, Pt 1, art 10.