R v Immigration Appeal Tribunal, ex parte Subramaniam
| Jurisdiction | England & Wales |
| Judge | THE MASTER OF THE ROLLS,LORD JUSTICE BRIDGE |
| Judgment Date | 27 May 1976 |
| Judgment citation (vLex) | [1976] EWCA Civ J0527-1 |
| Date | 27 May 1976 |
| Court | Court of Appeal (Civil Division) |
[1976] EWCA Civ J0527-1
In The Supreme Court of Judicature
Court of Appeal
(On appeal from the Queen's Bench Division. Divisional Court)
The Master of the Rolls
(Lord Denning)
Lord Justice Obmrod
Lord Justice Bridge
Ex Parte Subramaniam
MR. K. S. NATHAN (instructed by Mrs. Monica Paranshetty, Kenton) appeared on behalf of the Applicant.
MR. HARRY MOOLF (instructed by the Treasury Solicitor) appeared on behalf of the tribunal and the Home Secretary.
In the course of the judgment in the recent case of Subramaniam it appeared that there might be some difference of opinion in the court on a point which did not arise for decision. We have had it mentioned to us today. In order that there should he no misunderstanding at all it is necessary to distinguish between a decision to deport a man - that comes first - and the actual deportation order - that comes second.
So far as the decision to deport is concerned it is quite plain that in the case of a man who has limited leave to remain here, once that leave has expired, there is no reason in law at all why the Secretary of State should not make a decision to deport him. That decision to deport him can be made as soon as that limited leave has expired, even though he has previously applied for an extension, and even though the application has afterwards been refused and he appeals against it. The decision to deport can be made.
So far as the deportation order itself is concerned, it is different. Section 15(2) makes it plain that a deportation order is not to be made so long as an appeal may be made against the decision to make it; or, if an appeal is duly brought, so long as the appeal is pending.
But it seems to me that although the power to make a deportation order itself is limited by Section 15(2) there is no limit whatever on the power of the Secretary of State to make a decision to deport. Under the rules he has to give notice of the decision to the man and he can then appeal against that decision.
As a matter of practice an appeal against a decision to make a deportation order and an appeal against a refusal to vary can be brought on at the same time. So the procedure works no in justice at all. As Lord Justice Ormrod said in the course of the case Section 14 only operates as a stay of the deportation order, not as a stay of a decision to deport.
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