87
RESTRICTED
064212
UP COWIAN 3236
RESTRICTED
FM HONG KONG
TO IMMEDIATE FCO
RECEIVED IN REGE
que 341/1
Q DIST?
2 O AUG 1990
DESK OFFICEF.
TELNO 2520
INDEX
PA
OF 15065OZ AUGUST 20
80
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
1
PAGE
RESTRICTED