Discrimination CASES

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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

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Ealing London Borough Council v Race Relations Board [1971] UKHL 3

Ealing Council refused to place Mr Zesko, a Polish national, on their housing waiting list because he was not a British subject. The House of Lords held that discrimination based on present nationality was not the same as discrimination on 'national origins' under the Race Relations Act 1968, and thus was not unlawful under the Act. Facts Ealing London Borough Council maintained a rule requiring applicants for their housing waiting list to be British subjects within the meaning of the British Nationality Act 1948. Mr Zesko, a Polish national of excellent character and war record, applied for housing in 1966