R (Association of British Civilian Internees) v Secretary of State for Defence [2003] QB 1397

Court of Appeal

Facts: The Association of British Civilian Internees (ABCIFER) challenged the refusal of the Secretary of State to grant ex gratia compensation payments to individuals interned as British civilians during the Second World War. The refusal was based on the criterion that neither the claimants nor their ancestors were born in the UK. ABCIFER argued that this criterion was irrational and that the proportionality test should replace the Wednesbury test in English domestic law even in the absence of human rights or EU law issues.

Issues: Whether the Wednesbury test or the proportionality test should apply in assessing the Secretary of State's decision/Whether the birth criteria used for determining eligibility for compensation were irrational or disproportionate.

Held: The Court of Appeal dismissed the appeal.

(1) Illegality: The court held that the Wednesbury test remained applicable where no issues of EU law or human rights were involved. The criteria used by the Secretary of State were found to be rational and within the scope of administrative discretion.

(2) Proportionality: While acknowledging discussions on proportionality, the court maintained that the Wednesbury test was the correct standard in this context, and the criteria for compensation did not breach any proportionality principles.