- 2 -
(b)
(c)
7.
his father had obtained a "special voucher" to come to the U.K. for settlement. The family was admitted for an indefinite period for the purpose of settling in England. The parents returned to Kenya 5 weeks later and had remained there since. But Shah stayed on and attended school in England, although he returned to Kenya during his summer holidays. The Court held that, notwithstanding his parents' departure, Shah had come to England for the general purpose of settling and had there- fore been "ordinarily resident".
Jitendra Shah
He was also born in Kenya in July 1959 and came to the U.K. in August 1976. But he came by himself on a student's entry certificate and was admitted initially for 2 months, subsequently extended from time to time. The Court held that he had come to England for the specific purpose of studying, qualifying and then leaving. He had been permitted to enter only upon the basis that he had been accepted for, and intended to follow, a full-time course of study, on completion of which he would be required to leave. He had, therefore, not been "ordinarily resident".
Ambrose Cicutti
He was born in Italy in 1961 and came to England in 1971 to attend boarding school. He subsequently formed the intention of remaining in the U.K. to live and work. By the time he applied for an edu- cation grant he had also applied for naturalisation. The Court held that he had a genuine intention of remaining permanently and that, as a EEC national, he was entitled to do so. He had, therefore, been "ordinarily resident".
I am not sure how much wiser this makes us in relation to Hong Kong telegram 445, except to come to the inevitable conclusion that each case must be judged on its own merits. Without the facts it is impossible to say whether any of the 12 refusals mentioned in paragraph 3 of the telegram can be regarded as unjustified. It is not clear from the telegram, for example, whether the applicants concerned had had their landing restrictions removed before they left the U.K.
(although this seems to be the implication).
8.
As regards a return to the status quo ante, I am afraid I doubt whether it would be possible considering:
(a)
(b)
further tightening-up of the immigration rules in February 1980; and
HMG's position on student fees on which this subject has a bearing.
But/...