E.R.
a difficulty but it seems that we might mount an argument to the effect that
instructions to immigration officers to take action that is quite outside the
provisions of the Immigration Rules are not "inconsistent" with the Rules
themselves.
-
All this may sound rather academic, but Hong Kong are quite likely to seek
further clarification on both the precise legal position and the practical
arrangements for handling these cases including what rights of appeal may
be available to those refused entry clearance applications in this category.
As pages 28 and 29 of Mr Mcdonald's book indicate, the question of rights of
appeal against the refusal of the Secretary of State to exercise his discretio
outside the Rules is a contentious area.
Unless you or copy recipients disagree, I suggest that we send an immediate
response to Hong Kong to confirm that in both cases settlement would be grante
by an exercise of discretion outside the Rules in accordance with section 4(1)
of the 1971 Act. However, I should be grateful for confirmation that the
practical arrangements proposed for the handling of applications from
ex-servicemen and their dependants are acceptable to all concerned. In
particular, I should be grateful if Mr Tompkins could let us know whether
these arrangements would require the issue of special instructions to the
Immigration Service.
Yham.
B2 Division
2
D MCDONOUGH
2 May 1986