RESTRICTED
FM HONG KONG
TO IMMEDIATE FCO
TELNO
2520
OF 15065OZ AUGUST 90
RESTRICTED
нио 341/1
RECEIVED !
12 SEP 1990
89
064212
MDHIAN 3236
DESK OFFICE: INDEX
REGISTRY
PA
\ction Taken
محمد
a net nendell you that B1
YOUR TELNO 1483 : CHANGES IN THE IMMIGRATION RULES : CASE OF MR AU-YEUNG
1. WE DO NOT DISPUTE THE FACT THAT, ON HIS OWN ADMISSION IN ANSWER TO THE QUESTIONS OF THE IMMIGRATION OFFICER, MR AU-YEUNG RENDERED HIMSELF INELIGIBLE FOR RE-ADMISSION AS A RETURNING RESIDENT. WE ARE NEVERTHELESS CONCERNED THAT MR AU-YEUNG WAS QUESTIONED ABOUT THE PURPOSE OF HIS VISIT AT THE PORT OF ENTRY, WHICH HE CLAIMED HAD NEVER HAPPENED BEFORE. IT THUS APPEARS THAT THERE HAS BEEN A CHANGE OF PRACTICE IN DEALING WITH RETURNING RESIDENTS NOTWITHSTANDING HOME OFFICE'S ASSURANCES TO THE CONTRARY.
2. THE CASE OF MR AU-YEUNG SEEMS TO US TO SHOW THAT THE AMENDMENT TO PARAGRAPH 58 OF THE RULES INTRODUCED A NEW ELEMENT, NAMELY THE NEED TO ESTABLISH THAT THE PURPOSE OF THE VISIT IS FOR SETTLEMENT. THE AMENDMENT IS THUS A CHANGE IN SUBSTANCE, NOT JUST A CLARIFICATION OF EXISTING PRACTICE.
3. IN THE CASE OF MR AU-YEUNG, WHILE IT IS UNDERSTANDABLE THAT HIS PAST PATTERN OF TRAVEL MIGHT HAVE GIVEN RISE TO DOUBTS ABOUT HIS REAL PURPOSE, THE INTENTION TO ENTER FOR SETTLEMENT RELATES TO ONE'S PLAN FOR THE FUTURE, NOT ONE'S PAST ACTIVITIES. THE WORDING OF THE AMENDMENT TO PARAGRAPH 58 MAKES THIS VERY CLEAR.
4. WE WOULD LIKE TO ADVISE MR AU-YEUNG TO MAKE USE OF THE PROVISIONS FOR APPEAL UNDER THE IMMIGRATION RULES. WE UNDERSTAND THAT WHEN HE TELEPHONED THE HOME OFFICE FOR ENQUIRIES HE WAS APPARENTLY NOT ADVISED OF THE PROVISIONS FOR APPLICATION FOR VARIATION OF LEAVE AND RIGHT OF APPEAL UNDER PARAGRAPH 93 OF THE RULES. WE SHOULD BE GRATEFUL FOR YOUR ADVICE WHETHER MR AU-YEUNG COULD STILL APPEAL UNDER THE IMMIGRATION RULES, WHETHER THERE IS ANY TIME-LIMIT, AND OTHER POSSIBLE AVENUES OPEN TO MR AU-YEUNG IF HE WISHES TO HAVE HIS STATUS AS RETURNING RESIDENT RESTORED.
5. THE CHANGE OF PRACTICE RESULTING FROM THE AMENDMENT OF PARAGRAPH 58 OF THE IMMIGRATION RULES HAS IMPLICATIONS FOR THE UK
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