Ghassemian and Mirza v Home Office
| Jurisdiction | England & Wales |
| Judgment Date | 27 June 1980 |
| Date | 27 June 1980 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Bridge, Shaw, Watkins LJJ
Bridge LJ: There are before the Court two appeals against judgments given on the same day, 13 May 1980, by the Divisional Court of the Queen's Bench Division, refusing the appellants' applications for judicial review by which each appellant sought to challenge orders made by immigration officers refusing each appellant leave to enter the United Kingdom.
The refusal to permit the appellant, Mr Ghassemian, to enter was dated 2 January this year; the refusal to permit Mr Mirza to enter was dated 7 March of this year.
The points raised in each appeal are identical, and the facts are, for all material purposes relevant to this appeal, indistingishable. The facts essential to the points which we have to decide can be extremely shortly summarised.
Both these appellants had been in the habit of coming to this country on and off over a number of years, and both of them had, from time to time, been granted temporary permissions to enter and to remain for limited periods. Each of them, during the currency of one such limited permission to remain in this country, had applied for a variation of the conditions of entry, and neither of those applications for variation had, at the material time when the refusal of entry, which is under challenge, was issued, been determined.
The appellant, Mr Ghassemian, left this country to return to his native Iran on 9 December 1979, having had stamped on his passport an express temporary permission to remain in the United Kingdom until 3 January 1980. He returned on 31 December 1979; on 2 January 1980 he was refused permission to enter.
The appellant, Mr Mirza, had an express temporary permission to remain in this country, which was granted to him on 21 September 1979, and which was conditioned to expire on 20 March 1980. He left this country to go abroad on 9 November 1979, and it was when he sought to return a day or two before 7 March 1980, that the order which he now seeks to challenge refusing him leave to enter on 7 March was made.
Now the very short point on which these appeals turn arises from the provisions of section 3 of the Immigration Act, 1971.
Section 3, sub-section (1) provides:
Except as otherwise provided by or under this Act, where a person is not patrial, (a) he shall not enter the United Kingdom unless given leave to do so and in accordance with this Act.
Sub-section (4) provides as follows:
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