The Respondent had authorised immigration officers to act in a way which would otherwise be a discrimination against Tamils under the 1976 Act. They complained that authorisations had been effectively and unlawfully delegated.
Held: The evaluations would in practice be carried out by individual immigration officers, and the decisions would be theirs. The authorisation therefore involved an improper delegation of the respondents powers. It was not justified as a legitimate way of achieving the respondents targets. A licence to discriminate should be expected to be subject to strict control, and parliament had intended that it be exercised by the respondent personally.
Judges:
Forbes J
Citations:
Times 30-Oct-2002, Gazette 14-Nov-2002, [2002] EWHC 2155 (Admin)
Links:
Statutes:
Race Relations Act 1976 19D, Race Relations (Amendment) Act 2000 1
Jurisdiction:
England and Wales
Administrative, Immigration, Discrimination
Updated: 14 November 2022; Ref: scu.177842