R v Immigration Appeal Tribunal, ex parte Mawji
| Jurisdiction | England & Wales |
| Judgment Date | 25 November 1982 |
| Date | 25 November 1982 |
| Court | Queen's Bench Division |
Queen's Bench Division
Woolf J
K. S. Nathan for the applicants.
A. Moses for the respondent.
Cases referred to in the judgment:
R v Immigration Appeal Tribunal ex parte JosephUNK [1977] Imm. A.R. 70.
R v Immigration Appeal Tribunal ex parte PeikazadiUNK [1980] Imm. A.R. 191.
Fernandez v Government of Singapore and othersWLR [1971] 1 WLR 987.
Businessman Information required when making application Whether must specify a particular business HC 80 para 21.
Political asylum Whether the Immigration Appeal Tribunal correct in indicating its opinion of the evidence although deportation order had not been made HC 80 para 30.
The principal applicant, the others being his wife and child, was driven from Uganda by Amin in 1972. He first went to Pakistan, and was admitted from there to the United Kingdom on 4 October 1977 for one month as a visitor. On 28 October 1977 he applied to remain permanently; this was interpreted as an application to set up in business. In his interview at the Home Office he said that he had no specific business in mind. On appeal first to an adjudicator and then to the Immigration Appeal Tribunal he also proposed no specific business: the Tribunal, in dismissing the appeal, stated that unless a specific business is proposed it is in our view impossible to determine whether the requirements of paragraph 21 of (HC 80) are to be met.
Held: (i) The Immigration Appeal Tribunal's approach (as set out above) could not be criticised, and was relevant, with regard to the facts in the particular case. That approach however would not be an appropriate test to apply if the words must specify a particular business were viewed as requiring a firm proposal identifying in detail the exact nature of the business.
(ii) The Immigration Appeal Tribunal had not erred in stating in its determination that the evidence had fallen short of establishing the necessary case, in respect of the principal applicant's claim to political asylum, even though no decision to deport had been made.
Woolf J. This is an application for judicial review in respect of a decision by the Immigration Appeal Tribunal given on 30th October 1981. The application is made in respect of a husband and wife and their child, but really it is the case of the male applicant, the father, whose position has to be primarily considered, because that of his wife and child succeeds or fails with his case.
There is a long history to this matter and one has got to go back to 1972, at a time when the applicant left Uganda, having been driven out by Amin. He went from there to Pakistan and stayed in that country for five years, then he came to this country in October 1977. He was admitted for a period of one month. Having been admitted for a period of one month on 4 October as a visitor, on 28 October he made an application through his solicitor to be allowed to remain permanently. The application, which he made to be allowed to remain permanently was regarded as being an application to remain for the purpose of setting up business.
The first issue which is raised on the application is a contention that the Tribunal have adopted a wrong standard in considering such an application, in particular the Tribunal having stated, It is our view that any application under this section, in order to be successful, must specify a particular business. It is submitted that that is a wrong approach. The second ground of application is that the Tribunal...
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