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R v Secretary of State for the Home Department, ex parte Menn

The Times Law Reports Immigration Appeal Reports Cited authorities 17 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date30 December 1991
Date30 December 1991
CourtCourt of Appeal (Civil Division)

Court of Appeal

Regina
and
Secretary of State for the Home Department, Ex parte Menn

Immigration - deportation - judicial review - statutory limitations

Deportation challenge fails

At the date of his conviction which had given rise to the decision to deport him, an applicant for judicial review of that decision had no right of protection under section 1(5) of the Immigration Act 1971 because he was neither a Commonwealth citizen nor the wife of one, and because at the age of 24 he did not qualify as the child of a Commonwealth citizen settled here under the terms of section 1(5) of the 1971 Act.

The Court of Appeal (Lord Justice Neill, Lord Justice Leggatt and Sir Roger Ormrod) so held in a reserved judgment on December 20 when dismissing the application by Paul Menn for leave to apply for judicial review of the intended removal of him from the United Kingdom under a deportation order issued and signed by and on behalf of the Home Secretary on November 7, 1990.

LORD JUSTICE LEGGATT said that in order to benefit by section 1(5) of the 1971 Act as a child of a Commonwealth citizen, the person concerned would have to be under the age of 16 at the...

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