Schmidt & Anor v Secretary of State for Home Affairs [1968] EWCA Civ 1 (19 December 1968)

Schmidt & Anor v Secretary of State for Home Affairs [1968] EWCA Civ 1 (19 December 1968)

Aliens have no right to remain in the UK beyond the period permitted by their entry conditions, and the Home Secretary has broad discretion to refuse extensions for reasons of public good, including the adoption of general policy against certain establishments. There is no duty to provide a hearing or reasons to aliens seeking extension, as they have no right or legitimate expectation to remain. The statement of claim disclosed no reasonable cause of action and was properly struck out.

Citation
[1968] EWCA Civ 1
Parties
Plaintiff Appellant: Andrew Schmidt; Plaintiff Appellant: Joseph Murranti; Defendant Respondent: The Secretary of State for Home Affairs
Jurisdiction
England and Wales
Judgment Date
19 December 1968
Procedural Posture
Appeal / Appeal From Judgment Striking Out Statement of Claim
Outcome
Appeal dismissed
Legal Topics
Aliens' Rights, Ministerial Discretion, Natural Justice, Judicial Review, Immigration Control
Immigration Law Administrative Law Aliens' Rights Ministerial Discretion Natural Justice Judicial Review Immigration Control

Case Brief

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Parties

Andrew Schmidt

Plaintiff Appellant

Joseph Murranti

Plaintiff Appellant

The Secretary of State for Home Affairs

Defendant Respondent

Procedural Posture

Appeal / Appeal From Judgment Striking Out Statement of Claim

Legal Issues

  1. 1 Whether the Home Secretary acted unlawfully in refusing to extend the plaintiffs' stay for study at the Hubbard College of Scientology
  2. 2 Whether the Home Secretary unlawfully fettered his discretion by adopting a general policy against Scientology establishments
  3. 3 Whether the Home Secretary was required to observe principles of natural justice and provide a hearing before refusing the extension

Ratio Decidendi

Aliens have no right to remain in the UK beyond the period permitted by their entry conditions, and the Home Secretary has broad discretion to refuse extensions for reasons of public good, including the adoption of general policy against certain establishments. There is no duty to provide a hearing or reasons to aliens seeking extension, as they have no right or legitimate expectation to remain. The statement of claim disclosed no reasonable cause of action and was properly struck out.

Court Disposition

Appeal dismissed

Orders

  • Statement of claim struck out
  • Appeal dismissed with costs