was said in that case about it being exceptional for the court
to intervene under s. 11 after the Secretary of State has signed
the order for return. Section 11(3) requires the court to have
regard "to all the circumstances" and one of those circumstances
must be the fact that the Secretary of State has made an order
for return and has therefore considered already from his broader
standpoint that it would not be unjust or oppressive to order the
applicant to return.
The grounds relied on for habeas corpus
The material relied upon in support of this application for
habeas corpus is very much the same material as has been relied
on previously although it is brought up to date and as has
consistently happened in this case there is now material, which
was not previously available to Mr. Ośman, to which he can point.
It is justifiably argued by Mr. Thomas, that on the present
application, the court should not confine itself only to the
fresh evidence. It must look at the previous evidence again in
the context of the fresh evidence since otherwise Mr. Osman will
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