K2 v. THE UNITED KINGDOM DECISION
7
passwords being handed over; and visiting friends and relatives could carry
documents to and from Sudan, or post material on his behalf.
29. With regard to the risk to the applicant if his instructions were
intercepted, on the basis of the open evidence SIAC considered it very
likely that the NISS was already aware of him, the accusations against him
and his dispute with the United Kingdom authorities. However, the NISS
appeared to have no active interest in him. SIAC further considered that his
disputed British nationality would have a “protective effect”. SIAC noted
that the closed material confirmed these conclusions.
(b) The substantive national security issue
30. SIAC gave judgment in the substantive case on 22 December 2015.
In doing so, it noted that the nature of the case was broadly known to the
applicant. In particular, the open evidence against the applicant, as set out in
the National Security Statement, was that he:
travelled from the United Kingdom to Somalia in October 2009
to engage in terrorism-related activities with [B] and [S];
along with [B] and [S], engaged in a variety of terrorism-related
activities which are likely to have been linked to, or directly
involved with, the Somali based extremist group Al Shabaab;
engaged in terrorism-related training;
fought against forces of the African Union Mission in Somalia
(AMISOM); and
associated with known extremists in the United Kingdom and
overseas.
31. Following its conclusion in December 2014, SIAC proceeded on the
basis that there was no good reason why the applicant could not engage in
the appeal and fully instruct his lawyers. However, although there had been
“significant communications between him and his solicitors” since that date,
and he had made four statements, he had not engaged with the national
security case against him in any full or direct way.
32. In view of the fact that the Special Advocates were not engaging
with the substance of the closed national security case, SIAC indicated that
it would look for the most independent and objective evidence in the closed
case and adopt particular caution in drawing inferences adverse to the
applicant. It concluded:
“36. Even following the cautious approach we have identified, we have come to the
firm conclusion that K2 has not been frank in his witness statements. The contents of
his statement amount to a denial that he was ever in Somalia. The CLOSED evidence
is conclusive that he was present in Somalia at the relevant time.
37. The CLOSED evidence is conclusive that K2 travelled to Somalia in October
2009 to engage in terrorism-related activities, in the company of [B] and [S]. There is
convincing evidence that he remained in the company of those men and engaged in a