swarb.co.uk - law index
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Immigration - From: 1960 To: 1969
This page lists 5 cases, and was prepared on 06 August 2015.
Regina -v- Governor of Brixton Prison, ex parte Soblen [1963] 2 QB 243
1963
CA
Lord Denning MR
Administrative, Immigration
Lord Denning MR discussed a decision to deport the applicant. The validity of the Minister's act: "depends on the purpose with which the act is done.: "If it was done for an authorised purpose, it was lawful. If it was done professedly for an authorised purpose, but in fact for a different purpose with an ulterior object, it was unlawful."
1 Cites
1 Citers
in re HK (an Infant); QBD 1967 - [1967] 2 QB 617; (1967) 111 Sol Jo 296; [1967] 2 WLR 692; [1967] 1 All ER 226
In re Avtar Singh Unreported, 25/07/1967
25 Jul 1967
Immigration
A Commonwealth citizen said he wanted to come to the UK so as to marry a girl here. He had no right at all to be admitted. The statute gave the immigration officers a complete discretion to refuse. The Lord Chief Justice held that they were under no duty to tell him why he was refused admission and were not bound to give him an opportunity of making representations.
1 Citers
Schmidt -v- Secretary of State for Home Affairs [1969] 1 All ER 904; [1969] 2 Ch 160; [1969] 2 W:R 346; 133 JP 274; 113 Sol Jo 16
1968
CA
Lord Denning MR
Judicial Review, Immigration
The plaintiffs were two scientology students present under permits for a limited stay as students. They sought extensions of the permits. The government had meanwhile decided that scientology was socially harmful, and steps would be taken to curb its growth. The applications were rejected. The students issues writs seeking a declaration that the respondents decision to reject all such applications was void and unlawful. They appealed an order striking out their claim as an abuse. Held: No reasonable cause of action had been disclosed. The respondent had ample power under the order to refuse admission to aliens, and that power had been exercised fairly and in the pursuit of a policy deemed valid and in the interests of society. There was no obligation to give reasons for refusing entry of an extension of a right to stay. No question of natural justice arose. Denning MR: The Home Secretary may announce a blanket policy provided he was ready in exceptional cases to listen to argument as to why the policy should not be applied.
Schmidt and Another -v- Secretary of State for Home Affairs [1969] 2 WLR 337; [1969] 2 Ch 149; [1968] EWCA Civ 1; (1969) 133 JP 274; [1969] 1 All ER 904
19 Dec 1968
CA
Lord Denning MR, Russell, Widgery LJJ
Immigration, Administrative
The plaintiffs had come to England to study at a college run by the Church of Scientology, and now complained that their student visas had not been extended so as to allow them to complete their studies. They said that the decision had been made for improper reasons. They now appealed against an order striking out their claim. Held: The appeal failed (Russell LJ dissenting). The action was unsustainable. Had there been a duty to act fairly, there was nothing to say that the respondent had not so acted.
Widgery LJ said: " here is some difference of opinion as to the right under the Prerogative to deport aliens already here, but I do not understand it to be said in any way that the opportunity to land initially is one which cannot be refused arbitrarily, and that position is now made clear, if it was not made clear before, by the Aliens Order of 1953. Accordingly, when an alien approaching this country is refused leave to land, he has no right capable of being infringed in such a way as to enable him to come to this Court for the purpose of assistance, and, since he has no kind of right or interest capable of being infringed or affected, the considerations urged by Mr. Hogg could not affect such a case at all. In such a situation the alien's desire to land can be rejected for good reason or bad, for sensible reason or fanciful or for no reason at all. "
1 Cites
[ Bailii ]
