Home Secretary was only faced with an application for leave to
apply for judicial review, the initial affidavit filed on his
behalf by Geoffrey Underwood, the head of the Extradition Unit
in the Home Office, provided singularly little information as to
the circumstances in which the Home Secretary came to his
decision.
The court regarded this as unsatisfactory and
therefore addressed a series of "interrogatories" to the Home
Secretary designed to elicit sufficient information to enable the
court adequately to scrutinise his decision. On instructions,
Miss Montgomery answered the majority of those interrogatories
and her answers are now confirmed by Mr. Underwood in a further
affidavit. Miss Montgomery was not able to answer all the
interrogatories because she contended that if the Home Secretary
were to give the information requested, this would offend a
public interest class immunity which the Home Secretary is
required to preserve.
Mr. Thomas did not contest this
contention. Mr. Underwood's affidavits indicate that the Home
Secretary came to his decision as follows:
Shortly after the Home Secretary took office, on 15th
9