TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 122

ELEGRAM NUMBER 491 OF 23 MARCH

INFO PRIORITY F C C

FORD FROM DAVIES

150

«

07

'170' on our fi

hour

? TELEGRAM 445 OF 17 MARCH

2224

234 + 310`

(1) B For filco I'nationality

ان العلي

nationality Card

تر استریم

bi

CERTIFICATE OF PATRIALITY

WE AGREE WITH CHAN'S ASSESSMENT OF THE POSITION EXCEPT IN "ESPECT OF THE LAST SENTENCE OF PARA 2. WE ARE NOW FINDING CASES 'N WHICH ON RETURN TO HONG KONG PREVIOUS RESIDENCE OF 5 YEARS OR MORE AS A STUDENT IN UK IS NO LONGER REGARDED BY THE HOME AS

ORDINARY RESIDENCE'

23.3.

?. PREVIOUSLY APPLICATIONS FOR CERTIFICATES OF PATRIALITY UNDER SECTION 2(1)(C) OF THE 'IMMIGRATION ACT FROM SUCH PERSONS IN HONG

KONG HAD INVARIABLY BEEN APPROVED BY THE HOME OFFICE. SINCE 1980 THE HOME OFFICE, APPARENTLY RELYING ON TWO COURT JUDGMENTS UNDER THE EDUCATION ACT, (R. V. LONDON BOROUGH OF BARNET, EX PARTE SHAH AND ANOTHER (1980) 3 ALL E.R. 679 AND CICUTTI Y. SUFFOLK COUNTY COUNCIL (1988) 3 ALL W. R. 689), HAS TAKEN THE VIEW THAT THE TIME

SPENT BY SUCH STUDENTS IN THE UK, WHO HAVE SUBSEQUENTLY RETURNED TO HONG KONG, IS NOT REGARDED AS ORDINARY RESIDENCE, WE BELIEVE THAT THE HOME OFFICE FOLLOW THE LINE (WHICH WE CANNOT PROPERLY DISPUTE) THAT THE LEGAL TESTS LAID DOWN IN UK EDUCATION LAWS CONCERNING ORDINARY RESIDENCE APPLY EQUALLY TO THE IMMIGRATION LAWS. ACCORDINGLY APPLICATIONS FOR PATRIALITY BY SUCH STUDENTS HAVE BEEN REFUSED ON THE GROUND THAT THEY HAD NOT BEEN ORDINARILY RESIDENT IN

THE UK.

!*

3. BETWEEN 1973 AND 1979 THERE WERE ONLY 36 APPLICATIONS FOR THE

GRANT OF PATRIALITY FROM HONG KONG STUDENTS WHO HAVE RETURNED FROM THE UK VIRTUALLY ALL OF WHICH WERE APPROVED. IN 1982 THE NUMBER INCREASED TO 50 APPLICATIONS PROBABLY AS A RESULT OF THE CONCERN AND ANXIETY GENERATED IN HONG KONG BY THE NATIONALITY WHITE PAPER. SO FAR 21 HAVE BEEN APPROVED, 12 REFUSED, 12 WITH HOME OFFICE AND 5 WITHDRAWN. THE REFUSALS AND THOSE UNDER CONSIDERATION HAVE GIVEN RISE TO UNEASE THAT THE IMMIGRATION RULES ARE NOW BEING ADMINISTERED MORE RESTRICTIVELY BY HMG IN RESPECT OF THIS CATEGORY

4. WE SHOULD LIKE YOU BRING THIS DEVELOPMENT TO THE ATTENTION OF THE FCO, BUT IN A WAY WHICH WILL NOT INTERFERE WITH THE MUCH MORE IMPORTANT AMENDMENTS TO THE BILL NOW UNDER CONSIDERATION. THERE- AFTER WE SHOULD LIKE TO KNOW IF THERE IS ANYTHING WHICH CAN BE DONE

STATUS NUO ANTE

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