Jeremy Johnson QC, lead by James Eadie QC, successfully appeared on behalf of the Respondent in R (on the application of Naik) v Secretary of State for the Home Department in the Court of Appeal before Carnwath LJ,  Jackson LJ and Gross LJ.

The Court of Appeal upheld the previous decision of the Divisional Court. Carnwath LJ held that the Home Secretary’s responsibility for the protection of national security is a central constitutional role and encompasses a duty to the public at large. Such a duty cannot be overridden by any representation or practice relating to an individual seeking entry to the UK. Carnwath LJ further held that any acts or omissions by or on behalf of previous Home Secretaries could not, in law or in reasonable expectation, diminish a current Home Secretary’s responsibility to make their own decision on the material before them at the relevant time. The Appellant’s submissions that he had a legitimate expectation of entry to the UK were therefore rejected.

The balance between the Home Secretary’s power to exclude with the Appellant’s Article 10 rights was addressed and it was held that the necessity for restricting the Appellant’s right of freedom of speech had been, “convincingly established” by the Home Secretary.

Jeremy Johnson was described in the 2011 edition of Chambers and Partners as "an extremely bright public lawyer with an outstanding intellect… one to go to if you have a complicated public law challenge…always on top of the facts and　a model of fearless independence"

He practises in the areas of police law, public law, human rights (domestic and international) and civil liberties.