A notice refusing leave to a visitor to enter which simply gave as the reasons:- ‘I am not satisfied that you are genuinely seeking entry only for this limited period.’ was sufficient compliance with the duty to give reasons for the decision imposed by the relevant Regulations: ‘The answer [to the question why did the person concerned take that decision or action] provides the reasons which have to be stated. No doubt those reasons, if rational, will be based upon a process of reasoning applied to evidence and, to this extent, may be described as a conclusion from that evidence. But this does not prevent that conclusion being the reason for the decision or action which is appealable and it is for this reason that the registrations call. In the instant appeal, the immigration officer, by specifying that she was not satisfied that the applicant was genuinely seeking entry for the limited period of one week, but only told the applicant why she was refusing him leave to enter, but also told him, by implication, that he had satisfied her on all other matters upon which he had to satisfy in accordance with [the Rules].’ and ‘By definition, exceptional circumstances defy definition.’
Judges:
Sir John Donaldson MR
Citations:
[1986] 1 WLR 477
Jurisdiction:
England and Wales
Cited by:
Cited – Regina (Brian Turner) v Highbury Magistrates Court QBD 11-Oct-2005
The claimant had faced an application for a closure order on his premises for their use for unlawful drugs. The matter was adjourned twice at his request. On the third occasion he sought to rely upon the need for a closure order to be confirmed with . .
Cited – Hicks, Regina (on the Application of) v Secretary of State for the Home Department Admn 13-Dec-2005
The claimant, an Australian, presently held by the US as a suspected terrorist in Guantanamo Bay sought to be registered as a British Citizen, saying he was entitled to registration as of right.
Held: The past behaviour of an applicant was not . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 11 June 2022; Ref: scu.231503