“She is a powerful advocate for a democratic non-sectarian government for Iran: hence the undoubted hostility to her of the present Iranian government. Mr Vidal-Quadras says of her that ‘She represents the rights of the oppressed in Iran, from women and students, to ethnic and religious minorities. Moreover, her modern and progressive interpretation of Islam is an important and necessary example to others. …. I found Mrs Rajavi to be a true believer of gender equality and freedom of thought and religion, committed to the rule of law and a very responsible leader. She has done much to promote religious tolerance. …’ ”
"Face to face meetings allow MEPs and their advisers to question Mrs Rajavi and spend time with her addressing a range of sensitive issues. They could not possibly do this through other means of long distance communication."
“9. … Mrs Rajavi is a Muslim woman who stands for a free, democratic and secular Iran. She represents the rights of the oppressed in Iran, from women and students, to ethnic and religious minorities. Moreover, her modern and progressive interpretation of Islam is an important and necessary example to others. It is for these reasons that she enjoys the support of thousands of Parliamentarians around the world.”
“When weighed against the serious potential effects of lifting the exclusion on the United Kingdom's interests in relation to Iran, the Secretary of State has concluded that the damage to the public interest significantly outweighs any interference with Mrs Rajavi's ability to express her views as President-elect of the NCRI and with the Parliamentarians' ability to meet her in person in London, particularly in view of the fact that Mrs Rajavi has many alternative means at her disposal for achieving these aims (e.g. meeting in France or a third country, or contact by video-link or other media).”
"In my previous statement, I referred to the risks to the British Embassy Tehran, our staff, properties and assets. Unfortunately, our assessment of the credibility of this threat was borne out by the events of29 November 2011 , which show that Iran is prepared to act against the United Kingdom in contravention of international law on diplomatic relations. Additionally, my original list of United Kingdom interests, namely the safety of personnel and property at the British Embassy in Tehran, nuclear negotiations, consular obligations, human rights and access to officials remains valid, notwithstanding the absence of British diplomats in Tehran. Our concerns are therefore wider than foreign policy alone (as described by Baroness Boothroyd and Anne-Marie Lizin in their statements) and include, for example, United Kingdom security interests."
“We might accept greater risk to engage with a more viable and less tainted opposition group, but the balance is not compelling with [PMOI].”
“The exclusion damages the reputation of the United Kingdom and its international standing, as the United Kingdom will be seen as being prepared to appease oppressive states by excluding an opposition leader about whose views the [Secretary of State] has no objections.”
“36. There are certain aspects of the Secretary of State's apprehensions that I would doubt. It is scarcely believable that the Iranian government's decision whether or not to develop and to make atomic weapons will be influenced by the admission of Mrs Rajavi to the United Kingdom. However, when I come to ask myself whether it is credible that the revocation of the exclusion, and the admission into this country, of such a prominent opponent, regarded by that government no doubt as a dangerous terrorist seeking its overthrow, and the location of the Houses of Parliament for her meeting with members of the legislature, will be regarded by it as a hostile act of the United Kingdom Government, I am driven to say that it is entirely credible, indeed likely. … 38. The decisions to exclude Mrs Rajavi have been made repeatedly by the Secretary of State personally, most recently (if not previously) on the recommendation of the Secretary of State for Foreign and Commonwealth Affairs and the Parliamentary Under-Secretary of State at the FCO, Alistair Burt. If they consider that the risk is sufficiently great to justify Mrs Rajavi's exclusion, this Court is not in a position to say that is mistaken. It is this risk, of retaliation against local employees in Iran, that most influences my decision. If only one of the local employees were to be taken into custody and ill treated as a result of the admission of Mrs Rajavi, I would accept that her admission was a mistake.”
“PROPORTIONALITY [19] In de Freitas v Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing[1999] 1 AC 69 , 80,[1998] 3 WLR 675 , the Privy Council, drawing on South African, Canadian and Zimbabwean authority, defined the questions generally to be asked in deciding whether a measure is proportionate: “whether: (i) the legislative objective is sufficiently important to justify limiting a fundamental right; (ii) the measures designed to meet the legislative objective are rationally connected to it; and (iii) the means used to impair the right or freedom are no more than is necessary to accomplish the objective.”
“Freedom of expression is, of course, intrinsically important: it is valued for its own sake. But it is well recognised that it is also instrumentally important. It serves a number of broad objectives. First, it promotes the self-fulfilment of individuals in society. Secondly, in the famous words of Holmes J. (echoing John Stuart Mill), "the best test of truth is the power of the thought to get itself accepted in the competition of the market:" Abrams v. United States (1919) 250 U.S. 616, 630, per Holmes J. (dissenting). Thirdly, freedom of speech is the lifeblood of democracy. The free flow of information and ideas informs political debate. It is a safety valve: people are more ready to accept decisions that go against them if they can in principle seek to influence them. It acts as a brake on the abuse of power by public officials. It facilitates the exposure of errors in the governance and administration of justice of the country: see Stone, Seidman, Sunstein and Tushnet, Constitutional Law, 3rd ed. (1996), pp. 1078-1086.”
“THE JUSTIFICATION FOR EXCLUDING DR NAIK [83] (1) Principle and authority: As it seems to me, the legal framework for determining this issue is furnished by the principles or propositions which follow. [84]First, the State has the right to control the entry of non-nationals into its territory. This is hornbook law and requires no elaboration. [85]Secondly, where immigration control overlaps with or results in the engagement of art 10 rights of freedom of expression (as it does or as must be assumed here), such control must be exercised consistently with the State's Convention obligations: i) To the extent that authority is needed, this proposition enjoys the support of Farrakhan (supra), at 35 and 52 – 56; whatever the doubts as to the status of Farrakhan as a precedent on the question of whether art 10 is engaged in the case of an alien outside the country, I do not think that such doubts weaken the authority of Farrakhan where art 10 is (or is assumed to be) engaged. ii) Mr Husain QC, for Dr Naik, contended vigorously that this was not an immigration case at all. I respectfully disagree. … [86] Thirdly, art 10 rights of freedom of expression are of the first importance. These rights are not, however, absolute or unqualified, as art 10.2 makes clear. The importance of rights of freedom of expression in a democracy requires no reiteration here. Likewise, the wording of art 10.2 speaks for itself. [87] Fourthly, resolution of any tension between the important interests of immigration control and freedom of expression is achieved by way of art 10.2. The application of the provisions of art 10.2 will determine whether or not the interference with freedom of expression is justified. The exceptions contained in art 10.2 must be construed strictly and the need for any restrictions must be convincingly established. This approach to the construction of art 10 is justified both by the structure of the Article and its context; it is moreover well-established in English authority… [88] Fifthly, decisions of the SSHD to refuse entry to this country to an alien on national security or public order grounds are entitled to great weight and must, by their nature, enjoy a wide margin of appreciation (or discretion). Let it be accepted that such decisions, when resulting in the engagement of art 10, warrant the most careful scrutiny on the part of the court; crucially, even so, the decision-maker is the SSHD not the court. As Carnwath LJ expressed it (at 62 above), the court is not substituting its own view for that of the SSHD. The court's task remains one of review. By way of elaboration… iv) Nothing in the above observations precludes the court from reviewing the decision of the SSHD by reference to what Carnwath LJ has termed (62 above) “public law and human rights principles”
“In order to reach a view as to whether something is necessary in a democratic society for one of the specified reasons, and therefore proportionate, the interests of the individual have to be balanced with the rights of others or of the rest of the community. The word “necessary” can be read as implying that the rights of the individual can only be interfered with when this is strictly necessary and no more than is absolutely necessary. However, this is not how that expression works in practice. In some situations, the Strasbourg court will take the view that the national authorities are better placed to assess whether the interference is necessary when the interests of the individual are balanced with those of the community. The decision is then said to be within the “margin of appreciation” of the contracting state…. Neither the majority nor the minority [in Otto-Preminger-Institut v Austria App.No.13470/87] makes any reference at all to “no more than necessary” or “least intrusive means” or strict necessity as a criterion of proportionality. In Strasbourg jurisprudence, least intrusive means is a factor to be weighed in the balance, but it is not insisted on in every case.”
“In the present case, we are concerned with fears or apprehensions, based on assessments or judgments made with the wide experience and expertise and information available, in particular to the Foreign and Commonwealth Office, which the Court is not in a position to gainsay.”
“This would also be seen by the Iranians as a deliberate political move against Iran…” • Fragile bilateral relations: “Even when tensions periodically ease, the United Kingdom based staff members' access to Iranian officials and information from the authorities has been difficult. Demonstrations outside the Embassy have included damage to property, invasion of compounds and restriction of staff movement due to the fears for personal safety. There have also been cases where British nationals have been held in detention for long periods, often on spurious charges and sometimes without consular access being granted.” “In particular the FCO does not agree with Lord Carlile's own assessment that Mrs Rajavi 'leads the movement for democratic change in Iran' (paragraph 22 of his witness statement).” “The Iranian regime perceives that the United Kingdom is supportive of anti-Iranian extremist activities, including the sort historically carried out by the PMOI.” “This would also be seen by the Iranians as a deliberate political move against Iran…” “Even when tensions periodically ease, the United Kingdom based staff members' access to Iranian officials and information from the authorities has been difficult. Demonstrations outside the Embassy have included damage to property, invasion of compounds and restriction of staff movement due to the fears for personal safety. There have also been cases where British nationals have been held in detention for long periods, often on spurious charges and sometimes without consular access being granted.”