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Tariq v Home Office [2009] EAT

Guidance from the EAT on the approach to be taken in cases involving national security; in particular establishing that whether the withholding of materials from a claimant will render the hearing unfair (in accordance with ECHR Art 6) will depend on the nature of the open and the closed materials in the light of the allegations being made.

National security interests and fairness to claimant must be balanced when deciding on "closed evidence"

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