Immigration – Detention – Illegal entrant – Illegal entrant not given leave to enter or remain in United Kingdom – Detention pending directions for removal – Persons entering United Kingdom and present there in breach of immigration laws – Commonwealth immigrant – Immigrant entering United Kingdom clandestinely in breach of laws relating to Commonwealth immigrants previously in force – Immigrant no longer liable to prosecution under previous laws – Whether immigrant ‘settled’ in United Kingdom and deemed to have indefinite leave to remain – Whether immigrant ‘illegal entrant’ liable to detention and removal – Commonwealth Immigrants Act 1962, ss 4, 4A (as added by the Commonwealth Immigrants Act, 1968, s 3) – Immigration Act 1971, ss 1 (2), 4 (2), 33 (1), (2), 34 (1) (a), Sch 2, paras 9, 16 (2).
Citations:
[1973] UKHL 7, [1974] AC 18, 137 JP 626,
Links:
Statutes:
Commonwealth Immigrants Act 1962
Jurisdiction:
England and Wales
Immigration
Updated: 18 June 2022; Ref: scu.559827