HC Deb 09 March 1950 vol 472 cc445-8
18. Mr. Wyatt

asked the Secretary of State for the Home Department whether he will make a statement on the refusal of the immigration authorities to admit into this country on 3rd March a man who described himself as Nikola Martinovitch and who declared himself to be a political refugee from Yugoslavia.

20. Mr. Sydney Silverman

asked the Secretary of State for the Home Department in what circumstances Mr. Nikola Martinovic, a Yugoslav citizen who claimed to be a refugee from persecution on political grounds, was refused permission to land; whether he was in possession of a passport and visa; and whether such decisions are invariably taken by the Home Secretary personally.

24. Lord Malcolm Douglas-Hamilton

asked the Secretary of State for the Home Department whether he will make a statement about the refusal of admission to this country of the Yugoslav, Martinovic, who committed suicide by leaping from an aircraft in flight from Northolt to Zürich.

Mr. Ede

Nikola Martinovic, a national of Yugoslavia, had been, over the past year, engaged in negotiations between the Yugoslav authorities and the Ministry of Food for the importation of cereals to the United Kingdom. In the course of these negotiations he paid several visits to the United Kingdom, the last in February. Neither during that visit nor previously did he give any indication that he had it in mind not to return to Yugoslavia or to seek leave to remain here. On 25th February last he left for Switzerland en route to Yugoslavia, but he remained in Switzerland and on 3rd March travelled from Zürich to Northolt in a Swiss aircraft. He had a valid Yugoslav passport but no visa for this country.

At Northolt, Martinovic represented that he was unwilling to return to Yugoslavia, where he said he would fear for his life, and claimed to be a political refugee. He could or would give no grounds for this fear and the immigration officer did not consider that his claim to be a political refugee had been established. The immigration officer's view was confirmed after reference to the Home Office, and Martinovic was accordingly refused leave to land.

It was necessary to detain Martinovic at Northolt overnight and, as he had threatened to commit suicide, precautions were taken to ensure that he did himself no harm. On the morning of 4th March, Martinovic at first refused to get up, but he boarded the Swiss aircraft which left for Zürich on the morning of 4th March without any show of resistance, though he still protested his unwillingness to leave.

I am responsible to Parliament for all decisions taken in my name, and I am not prepared to disclose whether any particular decision was taken by me personally or by members of my staff who act in pursuance of the policy which I have laid down. I can, however, assure the House that the question of granting asylum to political refugees will receive my personal attention.

Mr. Wyatt

Was it not quite apparent from the fact that Martinovic had threatened to commit suicide that something had happened in the interval to make him fear for his life in going back to Yugoslavia? Would it not have been better to have allowed him to stay here for a few days while a fuller investigation was being carried out than the limited investigation which was open to the immigration officer at the airport?

Mr. Ede

A threat to commit suicide if not allowed to remain in this country is very frequently made in these cases. It is given due weight in the consideration that is given. If the mere statement that a man intended to commit suicide if he was returned to the country from which he came were accepted, I think we should have a number of people here for a very long time.

Mr. S. Silverman

Would it not be better, in cases of this kind, for my right hon. Friend personally to investigate cases before leave to land is refused? If this is not thought to be the right thing to do, would it not be as well to have in this country what they have always had in the United States of America, namely, the right of appeal to a third party judgment, with a hearing, before we take risks such as were taken in this case?

Mr. Ede

If my hon. Friend will read the last part of my answer I hope he will be satisfied by the assurance there given. As to a question of a tribunal or advisory committee, I think that in these matters it is better to place the responsibility fairly and squarely on the Minister and make him responsible for answering to the House for any action that is taken or not taken.

Major Tufton Beamish

Can the right hon. Gentleman say what was this man's real name?

Mr. Ede

The only name by which I know him is the name given in the Questions. I have no reason to think that he had any other name.

Mr. John Hynd

The House will, no doubt, appreciate my right hon. Friend's point about threats of suicide, but is not he now satisfied that subsequent events have proved clearly that the decision was wrong in this case? Will he not, therefore, consider steps to prevent any such peremptory judgment being made again?

Mr. Ede

No, Sir. I have very carefully investigated this case and I am still not convinced that this man's fear of return to Yugoslavia was based on anything that would entitle him to be regarded as a political refugee.

Mr. Edgar Granville

Were all the facts and information which the right hon. Gentleman has now given to the House available to the official of the Home Office, who was communicated with by the official at Northolt before he took his decision in this case?

Mr. Ede

Yes, Sir, the matter was very carefully considered. I want to make it quite plain that if this case had come to me personally I should have reached the same conclusion on the evidence that I have.

Mr. S. Silverman

Is it not perfectly clear now that this man's fears for his life, whether justified or not, were genuine? If a man has genuine fears for his life in circumstances of this kind, is it not very wrong that permission to land is refused without taking any opportunity or interval for investigation?

Mr. Ede

No, Sir. I am not satisfied that this man's fears for his life were justified.

Mr. Silverman

But he held them.

Mr. Ede

I have to be satisfied that they are justified because, as I have already pointed out, the threat of suicide by aliens is very common when they present themselves here. Much as I regret what has happened in this case, I am not convinced that the man had any reasonable ground for holding the fears which he did. Why he committed suicide is not for me to discuss here.