Grant v. Borg [1982] UKHL 15

House of Lords

GrantAppellantBorgRespondent
Lord DiplockLord Fraser of TullybeltonLord ScarmanLord Bridge of HarwichLord Russell of Killowen
Immigration -- Limited leave to enter -- Criminal proceedings -- Information preferred more than three years after expiry of leave to remain -- "Knowingly" overstaying leave -- Relevant date for ascertaining when time begins to run for bringing prosecution -- Immigration Act 1971 (c. 77), ss.

(b) (i) (3), 28 (1)

Held:Cases referred to in the Judgment:Introduction:
"For the purpose of ascertaining when time begins to run under section 28 (1) (a) of the Immigration Act 1971 for bringing a prosecution under section 24 (1) (b) (i) of that Act is that offence committed: (1) on the day after limited leave expires and only on that day? or (2) on that day or any later day on which the defendant is proved to have first known that his limited leave had expired?"
Counsel:Judgment-READ:Judgment One:Judgment Two:Judgment Three:
"For the purpose of ascertaining when time begins to run under section 28 (1) (a) of the Immigration Act 1971 for bringing a prosecution under section 24 (1) (b) (i) of that Act, is that offence committed: (1) on the day after limited leave expires and only on that day? or (2) on that day or any later day on which the defendant is proved to have first known that his limited leave had expired?"
Judgment Four:Judgment Five:
"(a) The appellant was not a 'patrial' and had no right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971. (b) The appellant had entered the United Kingdom on November 8, 1975, as a visitor with limited leave to remain only until May 8, 1976. On April 27, 1976, he called at the Home Office seeking the grant of further leave to remain in the United Kingdom and take up employment. By letter dated January 17, 1977, the Home Office informed the appellant of refusal of that leave but pointed out that he could have the matter referred to the Under-Secretary of State for the Home Office (Appeals Section) provided notice was given of that intention not later than 14 days after the date of that letter (January 17, 1977). (c) The appellant called at the Home Office on January 31, 1977, and requested revocation of conditions on the basis of his marriage to a woman settled in the United Kingdom, and by letter dated April 18, 1977, he was notified of the Immigration Department's refusal of this application."
"A person who is not patrial shall be guilty of an offence... (b) if, having only a limited leave to enter or remain in the United Kingdom, he knowingly... (i) remains beyond the time limited by the leave;..."
DISPOSITION:SOLICITORS: