Re Abdul Manan
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judge | THE MASTER of THE ROLLS,LORD JUSTICE FENTON ATKINSON,Sir GORDON WILLMER |
| Judgment Date | 02 April 1971 |
| Judgment citation (vLex) | [1971] EWCA Civ J0402-1 |
| Date | 02 April 1971 |
[1971] EWCA Civ J0402-1
The Master of The Rolls (Lord Denning),
Lord Justice Fenton Atkinson and
Sir Gordon Willmer.
In The Supreme Court of Judicature
Court of Appeal
Appeal of Abdul Manan from order of Divicional Court on 16th March, 1971.
Mr. LOUIS BLOM-COOPER, Q.C., and Mr. BRYAN SINCLAIR (instructed by Messrs. Nicholson Graham & Jones, London agents for Messrs. Windle and Sullivan of Bradford) appeared on behalf of the applicant.
Mr. GORDON SLYNN (instructed by the Treasury Solicitor) appeared on behalf of the Respondents, the Governor of the Prison, the Chief Immigration Officer and Her Majesty's Secretary of State for Home affairs.
In this case we give leave to appeal.
Mr. Abdul Manan has his home in Pakistan. He is now 43 years of age. In 1948 he left Pakistan and became a seaman on board ship. In December 1968 he arrived in the P. & O. steamship "Arcadia" in England. He deserted from that ship. He went to Crawley and stayed with a friend of his there and worked there. Afterwards he went to Bradford and worked there. In 1970 he was given a passport by the Pakistan authorities. He cannot read or write or speak English. He cannot speak any language other than his own local language, known as Pushtu. He says that in January of 1971 be left for Mecca on a pilgrimage. He came back to this country in February 1971 and appeared at Heathrow. The immigration officers spoke to him through an interpreter. At first he told a number of lies, such as that he had been here ten years. But eventually the facts were ascertained, as I have stated them, and the immigration authorities refused him admission. He applied to the Divisional Court and now to this Court for a writ of habeas corpus, saying that he is entitled to be here. He says he is a Commonwealth citizen and is "ordinarily resident" here. So that under section 2(2)(a) of the Commonwealth Immigration Acts of 1962 and 1968 the immigration officer has no power to refuse him admission.
The point turns on the meaning of "ordinarily resident" in these statutes. If this were an income tax case he would, I expect, beheld to be ordinarily resident here. But it is not an income tax case. It is an immigration case. In these...
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R v Secretary of State for the Home Department, ex parte Margueritte
...that residence to be "ordinary" must also be regular in the sense of lawful? It was construed in the latter sense by this court in In Re Abdul Manan (1971) W.L.R. 859 in the context of the Commonwealth Immigration Acts of 1962 and 1968; but in Regina v. Governor of Pentonville Prison Ex par......
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Tohura Bibi and Others v Entry Clearance Officer, Dhaka
...her argument will not do. In the course of the hearing we referred her, albeit not by name, to the decision of this court in In re Abdul Manan [1971] 1 WLR 859. In 1968 the appellant, a citizen of Pakistan, deserted from his ship and began to reside in the U.K. He thereby committed an offen......
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R v Governor of Pentonville Prison, ex parte Azam
... ... Abdul Manan [1971] 1 W.L.R. 859, C.A. applied ... The following case is referred to in the judgment: ... Abdul Manan, In re [1971] 1 W.L.R. 859; [1971] 2 ... ...
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Amanda Magret Landsberg and Eben Arnoldis Breetzke v Road Safety Authority, The Minister for Transport, Tourism and Sport the Attorney General Ireland
...So, a person unlawfully resident in the State may nonetheless be ordinarily resident for the purposes of revenue legislation (see Re Abdul Manan [1971] 1 WLR 859, 861) or indeed for the purposes of private international law rules based on residence ( Robertson v. Governor of Dochas Centre ......
