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1977] 1 W.L.R. 766
[COURT OF APPEAL]
REGINA
v.
SECRETARY OF STATE FOR HOME AFFAIRS, Exparte HOSENBALL
1977 March 16, 17 March 25, 28, 29
Lord Widgery C.J., Eveeigh and Wien JJ. Lord Denning M.R., Geoffrey Lane
and Cumming-Bruce L.JJ.
Alien - Deportation orer - Validity - United States citizen required to
leave - Journalist allege to have obtained information harmful to security
and prejudicial to safety of Crown servnts - Secretary of State's refusal
to give further particulars - Whether deortation procedure contrary to
natural justice - Immigration Act 1971 (c. 7), ss. 3 (2) (5) (b), 15 (3) -
Statement of Immigration Rules for Control afer Entry: EEC and Other
Non-Commonwealth Nationals (1973) (H.C. 82), r. 4 - Convention for the
Protection of Human Rights and Fundamental Freedom (1953) (Cmd. 8969, art.
6 (1)
Natural Justice - National security - Deporation - Applicability of rules
of natural justice - Alleged non-compliance ith minister's statement in
Parliament
The applicant, H, a United Stats citizen, had worked as a journalist in
England for nearly three years on a paper featuring invetigative
journalism. In July 1976 he started work as a reporter for a Londn evening
newspaper. By a letter of November 15, 1976, the Home Officeinformed him
that the Secretary of State had decided in the interests ofnational
security to make a deportation order against him under section 3 (5)(b) of
the Immigration Act 19711. The letter stated that, by virtue of secton 15
(3) of the Act, H was not entitled to appeal against the decisio to make a
deportation order, but that if he wished he could make representations to an
indepedent advisory panel. A Home Office statement accompanying the letter
said tht the Secretary of State had considered information that H, while
residet in the United Kingdom, had sought and obtained for publication
information harmful to the security of the United Kingdom including
information prejudiial to the safety of servants of the Crown. On December
14, H's solicitors reuested particulars of what was alleged against him.
The Secretary of tate declined to add anything to the statement in the
letter of November 15. ollowing a hearing before an advisory panel in
January at which H made representations and called witnesses, the Secretary
of State made a deportation oder against him on February 16, 1977.
H applied for an order of certioari to quash the deportation order on the
ground that there was a breach of te rules of natural justice in the
refusal to supply him with particulars of the alletions which he had to
meet. Reliance was put on rule 42 of the Statement f Immigration Rules for
Control after Entry: EEC and Other Non-Commonwealth Ntionals2 and a
statement by the Home Secretary in the House of Commons duringthe passage
of the Immigration Act 1971. An affidavit on behalf of the Secretary of
State said that he had
1 Immigration Act 171, s. 3 (5): "A person who is not a patrial shall be
liable to deporation from the United Kingdom - . . . (b) if the Secretary
of State deems hisdeportation to be conducive to the public good; . . ."
S. 15 (3): see post, p. 779FG.
2 Statement of Immigration Rules for Control after Entry: EEC an Other
Non-Commonwealth Nationals, r. 42: see post, p. 781C-D. [*767] made te
deportation order on the ground that it would be conducive to the public
good after considring the advice of the panel of advisers and the
representations made on 's behalf; and that the Secretary of State had
personally considered H's reest for further information of the allegations
against him but considered that it was not in the intersts of national
security to add anything to the statement in the letter f November 15,
1969. The Divisional Court dismissed the application.
n appeal by H: -
Held, dismissing the appeal, (1) that where national secuity was involved
the ordinary principles of natural justice were modifiedfor the protection
of the realm (post, pp. 778F, 779C, 783H-784A, 786H, 787G-H).
Dicta of Lrd Reid in Reg. v. Lewes Justices, Ex parte Secretary of State
for Home Deartment [1973] A.C. 388, 402 and Lord Hailsham of St.
Marylebone L.C. in Pearlberg v. Varty [1972] 1 W.L.R. 534, 540 applied.
(2) That public policyrequired the preservation of confidentiality for
security information, ad, since the Secretary of State, who was answerable
to Parliament, had given the matter his personal consideration and there was
nothing to suggest tht he had acted unfairly, the application for an order
of certiorari to quah the deportation order must be dismissed (post, pp.
782F-H, 786E-F, H).
Dita of Lord Simon of Glaisdale in Reg. v. Lewes Justices, Ex parteSecretary of State for Home Department [1976] A.C. 388, 407, H.L.(E.) and
Lod Denning M.R. in D. v. National Society for the Prevention of Cruelty to
Chldren [1976] 3 W.L.R. 124, 132-134, C.A. applied.
Per curiam. Although the tatement of Immigration Rules for Control after
Entry: EEC and Other Non-Cmmonwealth Nationals (H.C.82) can be used as a
touchstone to see whether th Secretary of State has acted fairly, they are
rules of practice and not delgated legislation amounting to strict rules of
law, and a departure fromrule 42, or from the procedure outlined in the
statement by the Hoe Secretary in the House of Commons during the passage
of the Immigration Act 1971, does not in itself constitute unfairness or the
breach of any rigt (post, pp. 780H-781B, G-H,784H-785A, D, 786C, 788A-B,
F).
Dicta of RoskillL.J. in Reg. v. Chief Immigration Officer, Heathrow
Airport, Ex parte Salama Bibi [1976] 1 W.L.R. 979, 985, C.A. not followed.
Decision of Divisioal Court, post, pp. 775H-776A,affirmed.
The following cases are refered to in the judgments in the Court of Appeal:
Agee (Philip Burnett Frnklin) v. United Kingdom, Application No. 7729/76,
European Commission o Human Rights, December 17, 1976.
Board of Education v. Rice [1911] A.C. 79, H.L.(E.).
D. v. National Society for the Prevention of Cruelty to Children [1976] 3
W.L.R. 124; [1976] 2 All E.R. 99, C.A.
H. K. (An Infant), In re [1967] 2 Q.B. 617; [1967] 2 W.L.R. 96; [1967] 1
All E.R. 226, D.C.
Kanda v. Government of Malaya [1962] A.C. 22; [1962] 2 W.L.R. 1153, P.C.
Liversidge v. Anderson [1942] A.C. 206; [941] 3 All E.R. 338, H.L.(E.).
Pearlberg v. Varty [1972] 1 W.L.R. 534; [192] 2 All E.R. 6, H.L.(E.).
Reg. v. Chief Immigration Officer, Heathrow irport, Ex parte Salamat Bibi
[1976] 1 W.L.R. 979; [1976] 3 All E.R. 843, C.A
Reg. v. Criminal Injuries Compensation Board, Ex parte Lain [1967] 2 Q..
864; [1967] 3 W.L.R. 348; [1967] 2 All E.R. 770, D.C.
[* 768]
Re. v. Governor of Brixton Prison, Ex parte Soblen [1963] 2 Q.B. 243;
[1962 3 W.L.R. 1154; [1962] 3 All E.R. 641, C.A.
Reg. v. Lewes Justices, Ex part Secretary of State for Home Department
[1973] A.C. 388; [1972] 3 W.L.R. 279;[1972] 2 All E.R. 1057, H.L.(E.).
Reg. v. Secretary of State for ome Affairs, Ex parte Birdi (unreported),
February 11, 1975; Bar Library Tanscript No. 67B of 1975, C.A.
Rex v. Halliday [1917] A.C. 260, H.L.(E.).
ex v. Hardy (1794) 24 State Tr. 199.
Schmidt v. Secretary of Statefor Home Affairs [1969] 2 Ch. 149; [1969] 2
W.L.R. 337; [1969] 1 All E.R. 904 C.A.
Van Duyn v. Home Office [1975] Ch. 358; [1975] 2 W.L.R. 760; [175] 3 All
E.R. 190, E.C.J.
The foll
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Mark Hosenball's bio:
http://www.newsweek.com/id/33144
Mark Hosenball
Investigative Correspondent
Mark Hosenball joined Newsweek as an investigative correspondent in November
1993, covering a range of issues for the National Affairs department. Most
recently, he has written and reported numerous stories on terrorism and the
Sept. 11 attacks on America. He has also covered campaign finance, the
Monica Lewinsky controversy, the death of Princess Diana, Whitewater, the
crashes of EgyptAir flight 990 and TWA flight 800, as well as related air
safety issues.
Hosenball came to Newsweek from "Dateline NBC," where he worked as an
investigative producer. He also worked extensively as a print journalist,
writing for a number of British and American publications, including the
London Sunday Times, the London Evening Standard, Time Out, The Washington
Post, The Wall Street Journal, and The New Republic. In addition, he has
done commentaries for American Public Radio.
Hosenball has been honored with a number of prestigious awards. Most
recently, along with a team of Newsweek correspondents, he was awarded the
Overseas Press Club's most prestigious honor, the 2002 Ed Cunningham
Memorial Award for best magazine reporting from abroad for Newsweek's
coverage of the war on terror. His reporting and that of his colleagues
earned Newsweek the prestigious National Magazine Award for General
Excellence in 2002 for its coverage of September 11 and its aftermath. And a
story he co-authored was highlighted in a citation Newsweek received by the
White House Correspondents' Association when it awarded the magazine the
2002 Edgar A. Poe Award for "excellence on a story of national or regional
importance. "Newsweek's September 11 coverage started long before the
attacks. An article in the magazine's February 19, 2001 issue warned with
chilling accuracy: 'The threat posed by (Osama) bin Laden is growing -- and
coming ever closer to home."
Hosenball was a contributor to the CANAL + TV documentary, "L'Argent de la
Drogue" (Drug Money), which was awarded the "Sept D'Or," the French
equivalent of an Emmy. He also contributed to NBC News' coverage of the BCCI
scandal, which earned a 1991 Peabody Award.
He attended the University of Pennsylvania and Trinity College in Dublin. He
lives in the Washington, D.C. area with his wife and son.
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