News

"Operation Pathway"
19 May 2010

Robin Tam QC and Andrew O'Connor were part of the team of counsel representing the Home Secretary in appeals to the Special Immigration Appeals Commission by five of the Pakistani men arrested in "Operation Pathway" in April 2009.

The Home Secretary proved that one of the appellants had been corresponding by email with an Al Qaeda associate, in which that appellant referred to different ingredients of explosives, their properties and availability; and he declared to Al Qaeda his intention to carry out a mass-casualty attack. However, he cannot be deported to Pakistan because of the risk of prohibited ill-treatment, and his appeal therefore succeeded.

Another appellant who remains in the United Kingdom was found to have been a knowing participant in this plan, but cannot be deported to Pakistan for the same reason.

Cathryn McGahey was the lead Special Advocate for the other three appellants, who had already returned voluntarily to Pakistan. One of them was found to have demonstrated that he had not been a knowing party to the plan. Although the police did have reasonable grounds to arrest him, and the Security Service reasonably suspected him of that, he had now largely dispelled the grounds for such suspicion. But the other two appellants had been knowing participants in this plan, and their appeals were dismissed.