swarb.co.uk - law index
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Immigration - From: 1900 To: 1929
This page lists 3 cases, and was prepared on 06 August 2015.
Attorney General for the Dominion of Canada -v- Cain [1906] AC 542
1906
PC
Lord Atkinson
Immigration
"One of the rights possessed by the supreme power in every State is the right to refuse to permit an alien to enter that State, to annex what conditions it pleases to the permission to enter it and to expel or deport from the State, at pleasure, even a friendly alien, especially if it considers his presence in the State opposed to its peace, order, and good government, or to its social or material interests: Vattel, Law of Nations, book 1, s.231; book 2, s.125"
1 Citers
Rex-v- Leman Street Police Station Inspector, ex parte Venicoff [1920] 3 KB 72; [1920] All ER 157
1920
Earl of Reading CJ
Immigration, Administrative
The Aliens Order of 1919 empowered the Secretary of State to make a deportation order against an alien if he deemed it to be conducive to the public good. The Home Secretary had expressed no concluded view that the critical allegations, namely taking women to a foreign country for the purpose of exploiting them and deriving money from their prostitution, were true. It was contended that the Home Secretary could not lawfully make the order without holding an enquiry. Held: The Home Secretary is not bound to hear representations on behalf of a proposed deportee, even though, in practice he may do so. It was not for the court to pronounce whether the making of the order was or was not for the public good and further that: "in dealing with a regulation such as that with which we are now concerned the value of the order would be considerably impaired if it could be made only after holding an inquiry, because it might very well be that the person against whom it was intended to make a deportation order would, the moment he had notice of that intention, take care not to present himself and would take steps to evade apprehension. I therefore come to the conclusion that the Home Secretary is not a judicial officer for this purpose, but an executive officer bound to act for the public good, and it is left to his judgment whether upon the facts before him it is desirable that he should make a deportation order."
1 Citers
Johnstone -v- Pedlar; HL 24-Jun-1921 - [1921] 2 AC 262; [1921] UKHL 1
