SS & Ors v The Entry Clearance Officer, Kuala Lumpur

The certificate issued by the Secretary of State under section 21 of the State Immunity Act 1978 is conclusive that the Sultan of Pahang is not the head of state of Malaysia. There is no Order in Council extending state immunity to constituent territories such as Pahang. Therefore, neither the Sultan nor his staff (the appellants) are entitled to state immunity under UK law for immigration purposes, and the appeals must be dismissed.

Parties: Appellants: SS and Others; Respondent: Entry Clearance Officer – Kuala Lumpur
Jurisdiction: England and Wales
Judgment Date: 23 February 2009
Procedural Posture: Statutory Appeal (immigration) / Final Determination by Asylum and Immigration Tribunal
Outcome: Appeals dismissed
Legal Topics: State Immunity, Diplomatic Privileges, Entry Clearance, Federal States and Constituent Territories

Immigration Law Public International Law State Immunity Diplomatic Privileges Entry Clearance Federal States and Constituent Territories

Case Brief

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Parties

SS and Others

Appellants

Entry Clearance Officer – Kuala Lumpur

Respondent

Procedural Posture

Statutory Appeal (immigration) / Final Determination by Asylum and Immigration Tribunal

Legal Issues

1 Whether the Sultan of Pahang and his staff are entitled to state immunity under UK law for the purposes of immigration control
2 Whether a certificate issued by the Secretary of State under section 21 of the State Immunity Act 1978 is conclusive on the question of state immunity
3 Whether the Immigration Rules can be satisfied by the appellants

Ratio Decidendi

Court Disposition

Appeals dismissed