Schmidt v Secretary of State for Home Affairs: CA 1968

The plaintiffs were two scientology students present under permits for a limited stay as students. They sought extensions of the permits. The government had meanwhile decided that scientology was socially harmful, and steps would be taken to curb its growth. The applications were rejected. The students issues writs seeking a declaration that the respondents decision to reject all such applications was void and unlawful. They appealed an order striking out their claim as an abuse.
Held: No reasonable cause of action had been disclosed. The respondent had ample power under the order to refuse admission to aliens, and that power had been exercised fairly and in the pursuit of a policy deemed valid and in the interests of society. There was no obligation to give reasons for refusing entry of an extension of a right to stay. No question of natural justice arose. Denning MR: The Home Secretary may announce a blanket policy provided he was ready in exceptional cases to listen to argument as to why the policy should not be applied.

Judges:

Lord Denning MR

Citations:

[1969] 1 All ER 904, [1969] 2 Ch 160, [1969] 2 W:R 346, 133 JP 274, 113 Sol Jo 16

Jurisdiction:

England and Wales

Judicial Review, Immigration

Updated: 30 April 2022; Ref: scu.222181