The applicant was a Pakistani seaman who had deserted from his ship and his presence in the UK was unlawful under the 1962 Act. He nevertheless claimed to be entitled to enter and remain as a person who had been ordinarily resident here for two years.
Held: The court rejected his claim: ‘The point turns on the meaning of ‘ordinarily resident’ in these statutes. If this were an income tax case he would, I expect, be held to be ordinarily resident here. But it is not an income tax case. It is an immigration case. In these statutes ‘ordinarily resident’ means lawfully ordinarily resident here. The word ‘lawfully’ is often read into a statute: see, for instance, Adlam v Law Society [1968] 1 WLR 6. It should be read into these statutes.’
Lord Denning MR
[1971] 1 WLR 859
Commonwealth Immigrants Act 1962
England and Wales
Citing:
Cited – Adlam v Law Society 1968
The word ‘lawfully’ is often read into a statute . .
Cited by:
Cited – Regina v Barnet London Borough Council, Ex parte Shah HL 16-Dec-1982
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the . .
Cited – Mark v Mark HL 30-Jun-2005
The petitioner sought to divorce her husband. Both were Nigerian nationals, and had married under a valid polygamous marriage in Nigeria. She claimed that the courts had jurisdiction because of her habitual residence here despite the fact that her . .
Cited – Bibi and others v Entry Clearance Officer, Dhaka CA 18-Jul-2007
The deceased had come to live in the UK and obtain citizenship under somebody else’s identity. After his death his wife and children sought clearance to come to live here.
Held: Her appeal failed. The residence of her late husband was . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 22 January 2022; Ref: scu.228185