STARRED SJ (Removal Directions) Iran  UKIAT 00014
Appeal No: HX/59198/00
(01 TH 0110)
Date of hearing: 26 March 2001
Date Determination notified: 16 May 2001
|Secretary of State for the Home Department||RESPONDENT|
Phoned E[nforcement] D[istribution] D[esk] @ Croydon to ask which airline Removal Directions served on. They say need to contact Status Park + to simply quote their ref [the appropriate telephone number follows].
Phoned Status Park who say that no removal directions have been given to any airline company. They will only do this after appeal process ended. Richard Murray, I[mmigration] O[fficer], advised of this.
Where directions are given as mentioned in section 16(1)(a) or (b) of the 1971 Act for a person's removal from the United Kingdom, the person may appeal to a Special Adjudicator against the directions on the ground that his removal in pursuance of the directions would be contrary to the United Kingdom's obligations under the Convention.
8(1) Where a person arriving in the United Kingdom is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below-
(a) give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or
(b) give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
(c) give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either-
(i) a country of which he is a national or citizen; or
(ii) a country or territory in which he has obtained a passport or other document of identity; or
(iii) a country or territory in which he embarked for the United Kingdom; or
(iv) a country or territory to which there is reason to believe that he will be admitted.
(2) No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter the United Kingdom [except that directions may be give under sub-paragraph (1) (b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person].
9(1) Where an illegal entrant is not given leave to enter or remain in the United Kingdom, an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1)
10.(1) where it appears to the Secretary of State either-
(a) that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or
(b) that directions might have been given in respect of a person under paragraph 8 above [but that the requirements of paragraph 8(2) have not been complied with];
then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(c).
(2) Where the Secretary of State may give directions for a person's removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).
(3) The cost of complying with any directions given under this paragraph shall be defrayed by the Secretary of State."
3(2) Any such notice as is referred to in paragraph (1) shall be given:-
(a) in the case of a decision or action taken by an immigration officer in the exercise of powers conferred on him as such, by the immigration officer;
(b) [relates to entry clearance decisions]
(c) where the officer required by sub-paragraph (a) or (b) of this paragraph to give the notice is for any reason unable to do so, by such an immigration officer or entry clearance officer as may be designated for the purpose by the Secretary of State;
(d) in the case of a decision or action other than one mentioned in subparagraph (a) or (b) of this paragraph, by the Secretary of State.
For the purpose of any proceedings under this Part of this Act a statement included in a notice in pursuance of regulations under this section shall be conclusive of the person by whom and of the ground on which any decision or action was taken.
THE POWER TO MAKE REMOVAL DIRECTIONS
WAS THERE A DECISION BY THE SECRETARY OF STATE?
In the administration of government in this country the functions which are given to ministers (and constitutionally properly given to ministers because they are constitutionally responsible) are functions so multifarious that no minister could ever personally attend to them. The duties imposed upon ministers and the powers given to ministers are normally exercised under the authority of ministers by responsible officials of the department. Public business could not be carried on if that were not the case. Constitutionally, the decision of such an official is, of course, the decision of the minister. The minister is responsible.
DOES THE NOTICE GIVE SUFFICIENT INFORMATION?
(2) The notice of a decision to remove to a specified destination 'at a time and date to be notified', and without nominating any carrier, is capable of being a decision under paragraph 10 of Schedule 2 to the 1971 Act and is not rendered invalid by either
(a) the fact that no arrangements for removal have yet been made, or
(b) the absence of any explanation of why the Secretary of State considers that more particular directions would be impracticable or ineffective.
(3) The notice of a decision to remove in the form used in this case is conclusive that the decision has been taken.