An alien may acquire a domicile of choice in this country even though he might be required to leave at any time by executive action with no right of appeal.
Lawrence LJ said: ‘What had to be shown is that when the petitioner presented his petition he was residing in England with a fixed intention of making England his home. Such an intention may be proved notwithstanding the existence of statutory regulations imposing certain restrictions upon aliens which they have to comply with so long as they remain in this country; an alien may choose to live here permanently and subject himself to those restrictions. In my opinion the provisions of the Aliens’ Restriction Act, 1914, and the Aliens’ Order, 1920, did not preclude the petitioner from acquiring a domicile of choice in England.’
Judges:
Lawrence LJ
Citations:
[1932] P 9
Jurisdiction:
England and Wales
Cited by:
Cited – Szechter (orse Karsov) v Szechter 1971
The parties, who had been given leave to stay in the United Kingdom for only a limited period, had acquired a domicile of choice in England by residing here with the intention of making this country their permanent home. It was immaterial that their . .
Lists of cited by and citing cases may be incomplete.
Family
Updated: 13 May 2022; Ref: scu.228181