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Khawaja v Secretary of State for the Home Department
R v Secretary of State for the Home Department, ex parte Khawaja [1984] AC 74; [1983] UKHL 8; [1983] 2 WLR 321 (heard with Khera)
Key Principle
Where an executive power to detain and remove depends on a precedent (jurisdictional) fact, the court itself determines that fact on the evidence; the burden lies on the executive to prove it on the balance of probabilities, with the standard varying by the gravity of the consequences.
Area of Law
a
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