Regina v Secretary of State for the Home Department, Ex parte Labiche: CA 1991

Immigration legislation gave immigration officers the power to examine any person entering the United Kingdom, and required that a person examined by an immigration officer should be given notice, granting or refusing leave to enter the United Kingdom, not later than 12 hours after the conclusion of his examination. The appellant had been given a notice refusing leave more than 12 hours after being interviewed by an immigration officer, and argued that the notice was out of time.
Held: The argument was rejected. ‘The examination ‘cannot terminate until (a) necessary inquiries by the immigration officer or the Secretary of State have been completed and (b) the immigration officer has received the directions of the Secretary of State’.

Judges:

Fox, Butler-Sloss LJJ, Sir Roualeyn Cumming-Bruce

Citations:

[1991] Imm AR 263

Immigration

Updated: 11 May 2022; Ref: scu.551076