January 18, 2026
A v Secretary of State for the Home Department [2002] EWCA Civ 1502
Foreign nationals suspected of terrorism were detained under the Anti-Terrorism, Crime and Security Act 2001 following the 9/11 attacks. The Court of Appeal allowed the Secretary of State's appeal, holding that detention of non-nationals alone was not discriminatory as they were in a different legal position from British nationals regarding immigration status. Facts Following the terrorist attacks on 11 September 2001 in the United States, the UK Government introduced the Human Rights Act 1998 (Designated Derogation) Order 2001 and the Anti-Terrorism, Crime and Security Act 2001 (ATCSA). These measures permitted the indefinite detention of foreign nationals suspected of involvement in


