§ Lord AVEBURYasked Her Majesty's Government:
What is now their policy regarding the inclusion in the definition of illegal entry of entry by deception; whether they stand by the statement made by Mr. J. A. Chilcot in a speech to the Standing Conference of Asian Organisations of 18th February 1978; and, if so, whether they will refrain from seeking to detain as illegal entrants persons who enter as visitors and subsequently attempt to remain as students or employed persons, but rather will proceed against such persons as being in breach of their conditions or as overstayers.
540WA
§ Lord HARRIS of GREENWICHThe interpretation of the law is ultimately a matter for the courts. A series of court judgments in 1976 and 1977 established that people who gained entry by deceiving the immigration authorities about their identity or entitlement are illegal entrants. The speech referred to correctly reflected one aspect of my right honourable friend's understanding of the broad effects of these judgments in stating that merely saying that one was coming for a visit, when really one wanted to find a place to study, would not be deception of a kind that would make one an illegal entrant. Accordingly, in the absence of any other considerations, such a person would not be regarded by my right honourable friend as an illegal entrant.