NI: NI: High Court grants leave for judicial review of travel notification requirements
Michael Brentnall Solicitors has confirmed that the High Court in Belfast granted leave for judicial review for a client against the British Home Secretary in respect of the Travel Notification Requirements under the Counter Terrorism Act 2008.
Its client, Anthony McDonnell, had previously been convicted of offences under the Terrorism Act and as a result had been required to adhere to the Travel Notification Requirements for a period of 10 years having served a custodial sentence and a period on licence.
He is challenging these Travel Notification Requirements on the basis that the legislation which requires him to notify the PSNI prior to leaving and returning to the jurisdiction, is unlawful under EU law.
It is further contended that these notification requirements were transposed to this jurisdiction without prior consideration of the rights of Irish citizens within the context of their citizenship of the EU.
Michael Brentnall stated: “Our client therefore intends to challenge this legislation by relying on his EU rights and EU case law which would enable him to cross the border without disproportionate interference from this legislation, and in line with his rights as an Irish and EU citizen.”
The judicial review will take place early in 2018.