APPEALS AGAINST EXCLUSION FROM UNITED KINGDOM (Hansard, 19 October 1971)

§ Mr. Sharples

I beg to move, That this House doth agree with the Lords in the said Amendment.

It might be for the convenience of the House if we consider at the same time Lords Amendment No. 29, in page 15, line 7, leave out if it appears and insert: by the adjudicator if he is satisfied". Subsection (4) provides that: An appeal against a refusal of leave to enter shall be dismissed if it appears that the appellant was at the time of the refusal an illegal entrant, and an appeal against a refusal of an entry clearance shall be dismissed if it appears that a deportation order was at the time of the refusal in force in respect of the appellant". In Committee in another place there was some criticism of the drafting of the subsection on the grounds that the words if it appears seemed to require less than the normal standard of proof, and did not make it clear to whom it had to appear that the appellant was an illegal entrant or that a deportation order was in force in respect of him. The Amendments were moved by the Government on Report in another place to make it clear that the appeal is to be dismissed only if the adjudicator is satisfied that the appellant was an 613 illegal entrant or that a deportation order is in force in respect of him.