Khawaja v SS [1984]

First question – Could term
‘illegal immigrant’ cover person who had obtained leave to enter through
deception or fraud, as well as through clandestine means?
House of Lords – Yes
Second question – Given this,
what standard of proof was to be applied when reviewing immigration officer’s
decision of fact that a person had entered by deception?
House of Lords – Officer
would have to satisfy civil standard of proof to high degree of probability
that entrant had practiced such deception.
Court would determine whether
standard of proof had been met.