A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
17
33. SIAC reviewed the case again on 15 December 2004 and again
found that the certificate should be maintained.
2. The second applicant
34. The second applicant is a citizen of Morocco born on 28 February
1963. He entered the United Kingdom as a visitor in 1985 and was granted
leave to remain as a student. On 21 June 1988 he was granted indefinite
leave to remain on the basis of his marriage to a British citizen, which
subsequently broke down. In 1990 and again in 1997 he applied for
naturalisation, but no decision was made on those applications. In 2000 he
remarried another British citizen, with whom he has a child.
35. On 17 December 2001 the second applicant was certified by the
Secretary of State as a suspected international terrorist under section 21 of
the 2001 Act. A deportation order was made on the same date. The second
applicant was taken into detention on 19 December 2001. He appealed
against the certification and deportation order but, nonetheless, elected to
leave the United Kingdom for Morocco on 22 December 2001. He pursued
his appeals from Morocco.
36. In its judgment of 29 October 2003, SIAC summarised the “open”
case against the second applicant as follows:
“...
(1) he has links with both the GIA and the GSPC [Algerian terrorist groups: see
paragraph 26 above] and is a close associate of a number of Islamic extremists with
links to al-Qaeda and/or Bin Laden.
(2) he has been concerned in the preparation and/or instigation of acts of
international terrorism by procuring high-tech equipment (including communications
equipment) for the GSPC and/or Islamic extremists in Chechnya led by Ibn Khattab
and has also procured clothing for the latter group.
(3) he has supported one or more of the GIA, the GSPC and the Ibn Khattab faction
in Chechnya by his involvement in fraud perpetrated to facilitate the funding of
extremists and storing and handling of propaganda videos promoting the jihad.
9. The Secretary of State’s open case expands on those allegations and further
indicates the use of at least one alias and a pattern of association with individuals
known or assessed to be involved in terrorism [five individuals were identified]. All
these were described by [counsel for the Secretary of State] as ‘known Algerian
Islamic extremists’.
10. Witness B [for the Secretary of State] confirmed that the allegation against [the
second applicant] is that he is a member of a network, rather than a member of any
particular organisation such as the GSPC or the GIA.”
SIAC continued by explaining the findings it had made against the
applicant: