R v Secretary of State for the Foreign Department, ex p. Ramanathan

(Computer Aided Transcription by John Larking, Chancery House, Chancery Lane, London WC2. Telephone No. 071 404 7464. Official Shorthand Writers to the Court.)

MR D BROATCH (instructed by Messrs Suriya & Co, London, E1) appeared on behalf of the Applicant. MR R TAM for MR I BURNETT (instructed by the Treasury Solicitor) appeared on behalf of the Respondent. ____________________

The affidavit filed on behalf of the respondent by Mr McMahon, a Second Secretary at the High Commission in Colombo, states that he is free to make further applications to the Entry Clearance Officer for a visa but "it will be apparent that his prospects of obtaining one are poor."

(b) from information available to the immigration officer it seems right to refuse leave to enter on that ground -- if, for example, in the light of the passenger's character, conduct or associations it is undesirable to give him leave to enter." His solicitors immediately pressed for removal of the endorsement and for an explanation. Eventually, on 22nd March 1993, Mr McMahon sent a fax to the solicitors from the High Commission which, so far as material, read as follows:

The solicitors acting for Mr Ramanathan attempted to appeal the decision but were unable to do so because there was no right of appeal. Eventually, they decided that Mr Ramanathan would travel to the United Kingdom on the multiple entry visa which was valid until 24th June 1992 and then would seek an interview with the Immigration Officer on his arrival in the United Kingdom. On 8th June 1993 his solicitors wrote a letter to the Chief Immigration Officer at Heathrow, in which they said: