Hussian and Another v Immigration appeal tribunal and Secretary of State for the Home Department
| Jurisdiction | England & Wales |
| Judgment Date | 19 April 1991 |
| Date | 19 April 1991 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Fox, Russell, Farquharson LJJ
A M Azhar for the appellants
R Jay for the respondents
Case referred to in the judgments:
R v Secretary of State for the Home Department and Immigration Appeal Tribunal ex parte Mohammed Hussain and anr (unreported QBD, 3 September, 1990).
Legitimate expectation deportation applicant admitted to United Kingdom in 1979 refused further leave as student 1984 overstayer Secretary of State initiated deportation proceedings in 1987 appeals lodged and dismissed whether by date of judicial review proceedings applicant had a legitimate expectation, in the light of Ministerial Statement, that he would not be deported. Immigration Act 1971 (unamended) s.3(5)(a): HC 169 paras. 148, 156.
Renewed application for judicial review of Secretary of State's decision to deport the appellants as overstayers and dismissal of appeals by appellate authorities. The first appellant had been granted leave to enter in 1979 and subsequent variations of leave as a student. He had been unsuccessful in his studies and five years after his arrival was refused further leave to remain. He did not leave the United Kingdom and in 1987 the Secretary of State decided to initiate deportation proceedings, pursuant to section 3(5)(a) of the 1971 Act. An appeal was dismissed by an adjudicator: the Tribunal refused leave to appeal.
An application for judicial review was dismissed: the application was renewed in the Court of Appeal. It was argued that both the Secretary of State and the appellate authorities had failed to take fully into account all the relevant circumstances. It was also contended that in the light of the Ministerial Statement of 1987, the applicant had a legitimate expectation that he would not be deported.
Held:
1. On the facts it could not be argued that the decisions of the Secretary of State or the appellate authorities were Wednesbury unreasonable.
2. For half the period that the first appellant had been resident in the United Kingdom, he had been subject to a notice of deportation and in those circumstances no legitimate expectation could arise.
Fox LJ: I will ask Farquharson LJ to give the first judgment.
Farquharson LJ: This is a renewed application for judicial review of two decisions of the Immigration Appeal Tribunal dates 27 January 1989 and 31 January 1990...
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