R (Bhanji) v Immigration Appeal Adjudicator
| Jurisdiction | England & Wales |
| Judgment Date | 04 April 1977 |
| Date | 04 April 1977 |
| Court | Immigration Appeals Tribunal |
Court of Appeal
Lord Denning MR, Geoffrey Lane, Cumming-Bruce LJJ
K. S. Nathan for the applicant.
Appeal Right of appeal Application for variation of limited leave to enter or remain in the United Kingdom made after expiry of that leave Refusal of application Whether right of appeal during period of extension granted in notice of refusalfor the purpose only of enabling applicant to make arrangements to leave the country Rule in Suthendran'sUNK case ([1977] Imm. A.R. 44) Immigration Act 1971, s 14(1).
Limited leave to enter or remain Refusal of a requested variation Whether an extension granted in refusal notice for the purpose only of enabling applicant to make arrangements to leave the country was a de novo leave giving fresh rights of application with rights of appeal Whether such variation an indulgence only, a permit to remain not amounting to a leave Rule in Suthendran'sUNK case ([1977] Imm. A.R. 44) Immigration Act 1971, s 14(1).
B, a citizen of Tanzania, entered the United Kingdom by leave on 29.8.75 for one month, and his leave was duly extended to 29.11.75. On 2.12.75 he applied for a further extension. This was refused by the Secretary of State on 18.5.76 in a notice which contained the following words:
For the purpose only of enabling you to make arrangements to leave this country your leave to enter is varied so as to permit you to remain in the United Kingdom until 18 June 1976. No further extension of stay will be granted. You are entitled to appeal against this decision under s 14(1) of the Immigration Act 1971 to the independent appellate authorities established under that Act. If you wish to appeal you should complete the attached form.
B lodged an appeal on 28.5.76, and on 30.11.76 an adjudicator ruled as a preliminary issue under r 11(1) of the Immigration Appeals (Procedure) Rules 1972 that he had no jurisdiction to hear the purported appeal because B's application for a variation of his leave, having been made after that leave had expired, B had no right of appeal under s 14(1) of the 1971 Act. (Court of Appeal's decision in R v Immigration Appeal Tribunal, ex p SubramaniamELRUNK [1976] Imm. A.R. 155,1 followed.)
On an application by B to the Court of Appeal (from the refusal of his application to the Divisional Court for leave to move for orders of certiorari and mandamus to reverse the adjudicator's decision) it was submitted for B that the Secretary of State in his notice of 18.5.76 had given B a de novo leave during which leave B...
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