HC Deb 16 December 1985 vol 89 cc8-9W

Mr. Madden asked the Secretary of State for the Home Department if he will make it his policy not to place any impediment in the way of people claiming British citizenship by descent being able to exercise their rights, including rights of appeal, in the same way as Momotaj Begum, the daughter of Nurul-Islam, a British citizen settled here with his wife and other children, following the recent decision of the immigration appeal tribunal in this case.

Mr. Waddington

British citizens do not require leave to enter the United Kingdom under the Immigration Act 1971. The immigration officer's examination of such persons is confined to establishing that they are British citizens. The tribunal determination to which the hon. Member refers concerns rights of appeal, not substantive questions of admission. Passengers who are refused entry because they do not satisfy the. immigration officer that they qualify under the Immigration Act and the rules but who nevertheless can put forward a claim to British citizenship by descent may, as the tribunal confirmed, appeal against refusal on the grounds that they do not need leave to enter.

In the Government's view passengers claiming to be British citizens by descent have such a right of appeal only if there appears to be some basis for the claim. The instructions available to immigration officers cover the matters set out above.

The Government have no immediate proposals for changes in the operation of the immigration control. They do, however, keep these arrangements under continuous re-examination and would not hesitate to take appropriate action if attempts were made to misuse the tribunal's determination to evade the prescribed entry clearance procedures overseas.

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