TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 142

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12. Visas, entry certificates and Home Office letters of consent are to be taken as evidence of the holder's eligibility for entry to the United Kingdom, and accordingly accepted as "entry clearances" within the meaning of the Act. Entry clearances may be granted at the appropriate British mission abroad in accordance with the provisions in this statement governing the grant or refusal of leave to enter by an Immigration Officer and, where appropriate, the term "entry clearance officer" may be substituted for “Immigration Officer' accord- ingly. Applications are to be decided in the light of the circumstances existing at the time of the decision except that an applicant will not be refused an entry clearance under paragraphs 46 or 47 solely on account of his becoming over age between the receipt of his application and the date of the decision on it.

13. A passenger who holds an entry clearance which was duly issued to him and is still current is not to be refused leave to enter unless the Immigration Officer is satisfied that:

(a) whether or not to the holder's knowledge, false representations were employed or material facts were not disclosed, either in writing or orally, for the purpose of obtaining the clearance, or

(b) a change of circumstances since it was issued has removed the basis of the holder's claim to admission, except where the change of circum- stances amounts solely to the person becoming over age for entry under paragraphs 46 or 47 since the issue of the entry clearance, or

(c) refusal is justified on grounds of restricted returnability, on medical grounds, on grounds of criminal record, because the passenger is the subject of a deportation order or because exclusion would be conducive to the public good. The scope of the power to refuse leave to enter on these grounds is set out in paragraphs 15 and 71-76.

14. An Immigration Officer may examine the holder of an entry clearance so far as is necessary to determine whether any of the exceptions mentioned. in paragraph 13 applies, and in determining this question may act on reason- able inferences from the results of that examination and any other information available to him. But the examination should not be carried further than is necessary for this purpose and for the purpose of deciding whether leave to enter should be given for a limited period and subject to any conditions.

Restricted returnability

15. A person who does not satisfy the Immigration Officer that he will be admitted to another country after a stay in the United Kingdom may be refused leave to enter. If his permission to enter another country has to be exercised before a given date, the length of his stay in the United Kingdom should be restricted so as to terminate at least 2 months before that date. If his passport or travel document is endorsed with a restriction on the period for which he may remain outside his country of normal residence, his stay in the United Kingdom should be limited so as not to extend beyond the period of authorised absence. The holder of a travel document issued by the Home Office should not be given leave to enter for a period extending beyond the validity of that document. This paragraph does not apply to persons who are eligible for admission for settlement.

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