HC Deb 29 October 1970 vol 805 cc177-8W
Mr. Lane

asked the Secretary of State for the Home Department what arrangements have been made for hearing the appeal by Mr. Rudi Dutschke about the refusal to extend his stay in this country.

Mr. Maudling

As my decision in this case was taken both in the interests of national security and on grounds of a political nature, I have come to the conclusion that I should direct, under Article 8(1) of the Aliens (Appeals) Order, 1970, that Mr. Dutschke's appeal should be heard by the special panel of the Appeals Tribunal nominated by the Lord Chancellor and the Home Secretary jointly under Section 9 of the Immigration Appeals Act, 1969. I have also felt obliged to certify under Article 8(3) of the Order that the disclosure to the appellant of certain matters relating to the case would be contrary to the interests of national security. Where such a certificate is given the Order provides that those matters shall be presented to the tribunal without being disclosed to the appellant and that the relevant part of the proceedings may take place in the absence of the appellant and his representatives. Subject to that, while the conduct of the proceedings is a matter for the tribunal, my own wish is that as great a part as possible of the appeal proceedings before the tribunal should take place in public.

In accordance with the appeal procedure, a written statement of the facts relating to my decision and of the reasons for it will be sent to the tribunal and to the appellant. It will then be for the tribunal to take the necessary steps to deal with the appeal.

Mr. Rose

asked the Secretary of State for the Home Department whether he will reconsider his decision to compel Mr. Dutschke to leave this country; and whether he will make a statement.

Mr. Maudling

It would not be right for me to comment on the merits of this issue pending determination of the appeal which has been entered.

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