The applicant sought a writ of habeas corpus having been detained pending his removal after failing to disclose his subsquent marriage on entry under an entry certificate.
Held: The request failed on the basis that entry had been obtained by a deception.
Lord Widgery CJ, Cumming-Bruce LJ and Neill J
[1979] QB 688, [1979] 2 All ER 849
Immigration Act 1971
England and Wales
Cited by:
Appeal from – Regina v Secretary of State for the Home Department, Ex parte Zamir CA 21-Dec-1979
The claimant appealed refusal of his request for a writ of habeas corpus. He had been detained for return to Pakistand. He had obtained an entry certificate, but then married, but did not disclose that on entry.
Held: The failure amounted to a . .
At first Instance – Regina v Secretary of State for the Home Department, Ex parte Zamir HL 17-Jul-1980
A person who obtained leave to enter, but did so by fraud, was an illegal entrant, on the basis that the fraud had the effect of vitiating the leave to enter which had been granted: ‘it is clear on general principles of law that deception may arise . .
At first Instance – Zamir v United Kingdom ECHR 1983
(Commission) Review of the lawfulness of a detention must be by a court, by a body which is judicial in character, and the review must be speedy. The right under Article 5.4 ‘must be seen as independent of the possibility of applying to a court for . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 05 December 2021; Ref: scu.271023