TNAG-1796-FCO40-2556-Hong-Kong-Vietnamese-refugees-repatriation--including-Opera-1988 — Page 196

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unmeritorious application for judicial review being dismissed

at the leave stage. Instead what is happening now is that leave

is given, and then the Home Office files evidence setting out

those reasons frequently by exhibiting a letter to the Member

of Parliament which the applicant may never have seen and the

case proceeds to an inter partes hearing.

THE RIGHT TO DETAIN AFTER A TEMPORARY ADMISSION.

Paragraph 16 (2) of the Second Schedule to the 1971 Act,

gives a right to detain a person in respect of whom directions

may be given under any of paragraphs 8 to 14 of the Schedule,

under the authority of an immigration officer, pending the

giving of directions for and pending his removal in pursuance

of any directions given. Where therefore there has been a

refusal of leave to enter, there is a right to detain under

that paragraph even though the refusal is being challenged by

the immigrant as being unlawful. For the purpose of paragraph

16 the refusal must be taken still to exist until it is quashed

on an appeal under the Act or set aside by this Court.

Mr. Harjit Singh however contends, at least in the case

of an applicant for asylum, that if he has been temporarily

admitted, the power to detain is in abeyance until the temporary

admission is terminated either by the period for which tempor-

ary admission was given expiring or by some form of notice

being given, In the case of applicants for asylum the notice

he contemplates is notice giving the result of the application

for asylum,

The power temporarily to admit a person liable to detention is contained in paragraph 21(1) of the Second Schedule to the Act. That paragraph makes it clear that temporary admission

"shall not prejudice a later exercise of the power to detain

The form used to notify a person of temporary admission

14.

him".