Rex v Bottrill, Ex parte Kuechenmeister: CA 1946

There is no right as such of entry to the UK for someone fleeing persecution in their own country. The certificate of the Foreign Secretary given on behalf of the Crown as to the existence of a state of war involving HMG is conclusive and binding on the court: ‘If the King says by an Act of State that the Commonwealth of countries over which he reigns is at war with a particular state, it is at war with that state, and the certificate of the Secretary of State is conclusive.’


Scott LJ


[1947] KB 41, [1946] 1 All ER 635

Cited by:

CitedRegina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others HL 9-Dec-2004
Extension oh Human Rights Beyond Borders
The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than . .
CitedAmin v Brown ChD 27-Jul-2005
The defendant raised as a preliminary point the question of whether the claimant, an Iraqi, was an enemy alien, and therefore debarred from bringing proceedings to recover.
Held: Under modern law it could not be a requirement that a state of . .
Lists of cited by and citing cases may be incomplete.


Updated: 09 May 2022; Ref: scu.220650