Immigration (Hansard, 19 May 1960)

§ 36. Mr. Brockway
asked the Minister of State for Commonwealth Relations if he authorised the Proclamation for Swaziland which empowers the Government to expel any immigrant without the right to appeal to the courts and which gives absolute discretion to the High Commissioner to grant or to refuse residence permits and to attach any conditions when they are granted.

§ Mr. Alport
Normal immigration into Swaziland is governed by the Swaziland Immigration Proclamation, 1956, and the African Immigration Proclamation, 1959. The High Commissioner, with my noble Friend's approval, has recently taken powers to grant, in his absolute discretion, special permits for entry and residence if satisfied that the circumstances of any particular case so require. These special permits may be cancelled by the High Commissioner at any time without assigning any reason, and it is provided that the grant, refusal or cancellation of such special permits cannot be made the subject of legal proceedings. These special provisions are for use in exceptional cases only; the provisions of the 1956 and 1959 Proclamations regarding normal applications for entry and residence remain in full force. These provide a right of appeal to the courts in certain circumstances when persons are deemed to be prohibited immigrants.

§ Mr. Brockway
While recognising the non-discriminatory character of this Proclamation and that in that respect it is an advance on the present practice, may I ask the right hon. Gentleman whether it would not be desirable to say that there should be a right of appeal to the courts in all cases and whether he can give us an assurance that political refugees from 'the Union of South Africa will not be returned to Chat country?

§ Mr. Alport
The hon. Member is aware that there is another Question on this subject later, on which I hope to answer the right hon. Member for Middlesbrough, East (Mr. Marquand).

§ Mr. Hale
Is it not now clear that the continuation of the office of High Commissioner within the Union of South Africa makes it virtually impossible both for the political refugees in these Territories and for the inhabitants of the Territories to exercise the constitutional right of access to Her Majesty?

§ Mr. Alport
No, Sir. By no means. The position of the Resident Commissioner in each of the Territories is a very important one and their positions and responsibilities are often overlooked by hon. Members in this House.

§ Mr. Brockway
The hon. Gentleman said that I was aware that there was a Question to be asked later covering the point that I made in my supplementary question. I am not aware that there is any Question to be asked later covering the point of an appeal to the courts.

§ Mr. Alport
I have already given an Answer to the hon. Gentleman on that, but I assure him that this does not depart from the provisions of the existing Proclamation with regard to entry and residence in the Protectorate. There is no appeal from decisions on those matters to the courts, except, as I said in my Answer, in circumstances where persons are deemed to be prohibited immigrants.