CONFIDENTIAL
the Hagere
Надеж
нко 341/1
RECEIVED IN REGISTRY
JZAJC 1990
من
From:
Paul Fifoot
Legal Advisers
Date:
20 June 1990
DESK OFFICER
INDEX
PA
REGISTRY
Actuan Tukur
Mr Paul, HKD
HONG KONG: CHANGES TO PARAGRAPH 58 OF THE IMMIGRATION RULES
1.
The text of Rule 58 prior to 1 May was as follows:-
"A passenger returning to the United Kingdom from overseas (except one who received assistance from public funds towards the cost of leaving this country) is to be admitted for settlement on satisfying the immigration officer that he had indefinite leave to enter or remain in the United Kingdom when he left and that he has not been away for longer than 2 years.
This was ambiguous.
It could mean (I) that a passenger who
satisfied the immigration officer that:-
(a) he had indefinite leave to enter or remain in the UK;
and
(b) he had not been away for longer than two years,
must be admitted for settlement.
Alternatively, (II) it could mean a passenger who satisfied the immigration officer that:-
X
(a)
(b)
he had indefinite leave to enter or remain in the United Kingdom; and
he had not been away for longer than 2 years,
must be admitted for settlement,
(c)
if he was then seeking to settle in this country (ie to become "ordinary resident" in this country).
In both cases (a) and (b) are facts but, in the second, (c) is additional and refers to a present intention.
2. A current text on this subject, Macdonald's Immigration Law and Practice, appears to favour the former construction. On page 264 the author says that the Rule "gives an absolute right of return if the person has been away for less than 2 years", .and on the next page he states:
2PFAAY
CONFIDENTIAL
174