In R (on the application of Al Rawi) v Secretary of State for Foreign and Commonwealth Affairs, [2006] EWCA Civ 1279 a similar question arose. This case concerned three detainees at Guantanamo Bay, who were British residents but, unlike Abbasi, were not British nationals. They also sought an order to compel the Foreign Office to make a formal request for their release. The Court of Appeal considered the appellants' rights under the European Convention on Human Rights (and those of their families), concluding that they had no arguable case, primarily as they were not entitled to diplomatic protection in the same way as nationals were. This confirmed the general approach taken in Abbasi, therefore.