036451
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*HKD 341/1
RECEIVED IN REGISTRY/
C 8 AUG 1990
MDHOAN 3751
TOP COPY Q DIST?
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FM FCO
TO IMMEDIATE HONG KONG
DE
TELNO 1483
INDE
OF 07093OZ AUGUST 90
76
PICER
AUSTRY
PA
Actior lake.
YOUR TELNOS 2357 AND 2362: CHANGES IN THE IMMIGRATION RULES:
CASE OF MR AU-YEUNG
WE HAVE DISCUSSED THIS CASE WITH THE HOME OFFICE, WHO HAVE ALSO BEEN IN TOUCH WITH THE IMMIGRATION SERVICE.
1.
2.
IT IS CLEAR FROM MR AU-YEUNG'S OWN ACCOUNT THAT HE HAS NOT LIVED IN THE UK SINCE 1980 BUT HAS MADE SHORT VISITS HERE ONCE EVERY TWO YEARS. AS MR MAUDE EXPLAINED IN HIS LETTER OF 27 JUNE TO THE GOVERNOR, THE RETURNING RESIDENTS RULE HAS NEVER BEEN INTENDED TO ALLOW PEOPLE TO PERPETUATE SETTLED STATUS IN THIS WAY WHEN, AS IN MR AU-YEUNG'S CASE, THEY ARE VERY CLEARLY RESIDENT ELSEWHERE. MR AU-YEUNG'S CASE ILLUSTRATES THE GENERAL POINT MADE IN PARAGRAPH 3 OF THAT LETTER (WHICH WE ASSUME HAS BEEN PASSED ON TO LADY DUNN).
3. BECAUSE THE IMMIGRATION SERVICE DO NOT TAKE A PARTICULARLY RIGOROUS APPROACH IN CASES WHERE READMISSION IS SOUGHT AS A RETURNING RESIDENT WITHIN 2 YEARS OF HAVING SETTLED STATUS, PEOPLE MAY OFTEN SUCCEED IN BEING ADMITTED AS RETURNING RESIDENTS FOR SOME TIME AFTER THEY MOVE THEIR HOME ELSEWHERE. WHETHER THEY ARE LUCKY IN OBTAINING AN ADMISSION TO WHICH THEY ARE NOT STRICTLY ENTITLED IS LIKELY TO DEPEND ON WHETHER IT IS IMMEDIATELY EVIDENT FROM THEIR PASSPORT THAT THEY HAVE SPENT LITTLE TIME HERE OVER A LONG PERIOD AND ON WHAT THEY SAY TO THE IMMIGRATION OFFICER ON ARRIVAL. IT IS STANDARD PROCEDURE FOR IMMIGRATION OFFICERS TO ASK THOSE ARRIVING AT UK PORTS OF ENTRY WHY THEY HAVE COME TO THE UK AND HOW LONG THEY INTEND TO STAY. IF THEY SAY THAT THEY ARE RETURNING RESIDENTS AND THERE IS NOTHING IN THEIR PASSPORTS TO INDICATE OTHERWISE, THEY ARE UNLIKELY TO BE QUESTIONED FURTHER BY THE IMMIGRATION OFFICER.
4.
MR AU-YEUNG MAY WELL HAVE ATTRACTED ATTENTION, HOWEVER, BECAUSE HE SAYS THAT HE TOLD THE IMMIGRATION OFFICER HE WAS COMING FOR A ONE WEEK VISIT AND BECAUSE EVEN A CURSORY LOOK AT HIS PASSPORT SHOWS CLEARLY THAT SINCE 1980 HE HAS ONLY PAID SHORT INFREQUENT VISITS HERE CA PATTERN WHICH ONLY BECOMES
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