Illegal Immigrants (Hansard, 29 November 1977)

§ Mr. Merlyn Rees

On 11th April 1974 my predecessor informed the House that he would not exercise powers, conferred on the Home Secretary under the Immigration Act 1971, to remove a limited class of Commonwealth citizens and citizens of Pakistan—that is, only those who entered this country in breach of the immigration laws before 1st January 1973—because the provision of the Act putting them in jeopardy was retrospective.

At that time and until recently it was generally thought that the administrative power to remove an illegal entrant was confined to those who avoided going through the immigration control. Recent 126W court judgments have declared that illegal entrants also include those who gained admission through the control but by deception of various kinds. This has always been a criminal offence, carrying with it liability to deportation on the recommendation of the court—but not, it was hitherto thought, removal under administrative powers.

I strongly condemn illegal entry; it is both an offence under our law, and a threat to harmonious community relations. I do not shrink from firm action to deal with it, and it will remain the Government's normal practice to send away those who entered in this way on or after 1st January 1973. But I have decided, after taking account of the fact that, of the persons affected by the recent judgments, those at risk from the retrospective power will have been here for a minimum of nearly five years and that they may now be at risk of blackmail and coercion, to extend to them the opportunity offered by my predecessor to come forward and apply to the Home Office to have their position regularised. This offer will be widely publicised; but it cannot remain open indefinitely, and I have decided that the final date for considering applications, both under this announcement and that of my predecessor, will be 31st December 1978.

Following are fuller details of my decision:

The power to remove illegal entrants contained in the Immigration Act 1971 will not be used to send away Commonwealth citizens and citizens of Pakistan who entered the United Kingdom illegally before 1st January 1973, provided that the necessary conditions, set out below, are met. A person is an illegal entrant if he evaded the immigration control altogether. The courts have recently declared that he is also an illegal entrant if he gained entry by deceiving the immigration authorities about his identity or entitlement to enter. This applies not only where he carried out the deception himself, but also where it was carried out by someone on his behalf, whether or not he knew of the deception.

Examples of entry by deception are the use of a forged or fraudulently obtained passport; claiming falsely to be a dependant of someone lawfully settled here; claiming falsely to have previously 127W been lawfully settled in the United Kingdom; and withholding from the immigration officer facts which are material to a person's entitlement under the immigration laws.

Any leave of entry, whether for a limited or an indefinite period, obtained by deception of the immigration officer is nullified by the deception. So presumably is any consequent grant of settlement, or limited leave, by the Secretary of State without knowledge of the deception.

The decision covered by the announcement applies to all Commonwealth citizens and citizens of Pakistan who last entered illegally before 1st January 1973, whether by avoiding the immigration control or by deceiving the immigration authorities, subject to the following exceptions. Seamen deserters, stowaways and those who entered the United Kingdom while the subject of deportation orders cannot benefit, whatever their date of entry. Nor can foreign nationals other than citizens of Pakistan, nor can anyone, of any nationality, who last entered illegally on or after 1st January 1973, or who overstayed after entering the country lawfully. Those who entered the country illegally before 1st January 1973 but have since left it voluntarily, without having first successfully applied under the terms of this announcement or of the previous Home Secretary's announcement of 11th April 1974, do not qualify. People who do not stand to benefit under this announcement and who come to notice as having entered illegally will normally be removed from the United Kingdom, unless there are very substantial reasons—usually of a compassionate nature—for not doing so. Such cases will be considered individually on the merits of their circumstances.

Any Commonwealth citizen or citizen of Pakistan who qualifies to benefit under the terms of the announcement should apply to the Home Office Immigration and Nationality Department or to the nearest Immigration Office. An applicant will have to show that the claimed facts of his entry are true and will be required to produce any relevant documentary evidence in his possession. Subject to this, an applicant will be given permission to remain in the United Kingdom indefinitely.

If someone who has had his position regularised under the terms of this 128W announcement has dependants overseas, those dependants, such as a wife or husband, or children under 18, may, if they qualify under the normal immigration rules, then apply for an entry clearance to the entry certificate officer at the appropriate British diplomatic post in their country, to enable them to join their sponsor.

Anyone who believes that he qualifies to apply for his position to be regularised under the terms of this announcement must do so before the end of 1978. Applications received on or after 1st January 1979 will not qualify. However, illegal entrants who would have qualified had they applied in time will be dealt with on the individual merits of their circumstances at the time, and will only be removed from the United Kingdom on the personal authority of a Minister.