HC Deb 10 January 1978 vol 941 cc704-5W
Mr. Steen

asked the Secretary of State for the Home Department (1) on what basis Mr. Ying Wah Liu entered the United Kingdom and when; what purpose was given for his visit, and when he undertook to leave; what entry was made in his passport relative to his permission to remain; and whether Mr. Liu left at the time specified in his undertaking;

(2) when Mr. Ying Wah Liu first applied to change his status as a visitor to the United Kingdom, and on what basis this was granted; and when his new permission to remain expired;

(3) on what dates Mr. Ying Wah Liu was refused permission to remain in the United Kingdom, including dates of appeals and decisions of the adjudicators; what were the reasons given; by what date he was required to leave; and what steps were taken to see that he did so;

(4) what information he had on Mr. Ying Wah Liu's ability to support himself when it was recently decided to allow him to stay in the United Kingdom; and why the previous decision communicated in the Under-Secretary of State's letter to the hon. Member for Liverpool, Wavertree of 26th September not to allow him to remain was altered in a further letter of 9th December, which reversed the decision of an adjudicator.

Mr. Merlyn Rees

Mr. Liu was admitted on 10th May 1973 for two months after telling the immigration officer that he wished to visit his brother for six weeks. An application was made on 21st June 1973 for him to remain up to two years to study for 0-levels. His stay was extended first to 31st July 1975 and later to 31st July 1976 for this purpose.

Before the expiry of this period a further application was received for Mr. Liu to remain permanently as a dependant of his brother. He did not so qualify under the Immigration Rules and the application was refused on 2nd June 1976. Mr. Liu's appeal against the decision was received on 29th June 1976 and was referred to the appellate authorities, who ruled on 21st September 1976 that the notice had been lodged out of time and that there were no special circumstances making it just and right to allow it to proceed to a hearing. After farther representations in March 1977 for an extension of Mr. Liu's stay as a student were refused on 19th April 1977, he was instructed to make arrangements to leave. He did not do so.

Before the decision to allow Mr. Liu to complete his studies was taken, acceptable evidence of the arrangements for his maintenance were seen. The decision was taken in view of the fact that his studies were by then well advanced and in the light of assurances that Mr. Liu would return 10 Hong Kong on their completion. This decision (lid not reverse one taken by an adjudicator.