First question – Could term
‘illegal immigrant’ cover person who had obtained leave to enter through
deception or fraud, as well as through clandestine means?
‘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?
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.
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.
standard of proof had been met.
