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R (On the Application of Burgess) v Secretary of State for the Home Department | 
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| Issue:  | 
Whether the Parole Board’s recommendation as to transfer to open conditions of a post-tariff discretionary lifer is covered by Art 5(4) European Convention on Human Rights and binding on the Home Secretary; what fairness requires when the Home Secretary rejects such a recommendation. | 
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| Court:  | 
Administrative Court | 
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| Reference:    | 
CO/4888/1999 | 
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| Neutral Citation:    | 
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| Judge(s):  | 
Rose LJ and Elias J | 
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| Date:  | 
3 November 2000 |