Immigration (Certificate Of Entry)

• Author: International Law Group, PLLC
• Pages: 197-201

Page 197

CB, the Respondent, is a citizen of the United States born on October 20, 1971. He is a professional singer. On February 27, 2007 he obtained a work permit for work in the United Kingdom. On March 3, 2007 he applied for an entry clearance, relying on his work permit to come to the U.K. for two weeks to perform at some six concerts.

He forwarded a reasoned letter supporting the application; inter alia, it indicated that he proposed to bring an entourage of thirty supporting staff. The letter also referred to the very large ticket revenue that might be expected from the concerts, and other benefits including employment in the relevant localities and the sale of compact discs.

Finally, the letter alluded to an incident which had taken place at Heathrow in April 2006 when the Respondent had been on his way to Johannesburg. He had been involved in Public Disorder off ences and had received what is called an "adult caution."

The Respondent has previous U.S. convictions in 1990 and 1991 for off enses that included theft and possession of firearms, though those convictions may have been "spent" under legislation equivalent to the provisions of English law dealing with spent convictions. On September 19, 2007 an American court convicted him of possessing a deadly weapon - a police baton - in September and October of 2006 plus other off enses.

On March 23, 2007 the Entry Clearance Officer (ECO) turned down his entry clearance at Los Angeles. The refusal notice stated: "I have considered your application carefully based on Page 198 the information on the application form and the documentation submitted. But in the light of your character/conduct/associations, I consider it undesirable to issue you an entry clearance and I am not prepared to exercise discretion in your favour. You have applied for an entry clearance to enter the United Kingdom in line with the work permit issued to you as a performing artist."

"However, your presence is considered to be non-conducive to the public good in view of your previous convictions that are unspent; that, following a fracas in Heathrow last year, you were allowed to leave the UK on bail, but, on return, were refused leave to enter on non-conducive grounds, cautioned by the police for public order offences and later removed from the UK ; that there are outstanding charges against you for drugs and firearm offences both in the USA and elsewhere and that your presence in the UK could lead to further public order off ences of violent crime. Accordingly your application is refused."

Immigration Rule ¶ 320(19) has the heading: "Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused." Then this follows: "(19) where, from information available to the Immigration Officer, it seems right to refuse leave to enter on the ground that exclusion from the UK is conducive to the public good; if, for example, in the light of the character, conduct or associations of the person seeking leave to enter it is undesirable to give him leave to enter."

On January 21, 2008, Immigration Judge Bird allowed the Respondent's appeal against the refusal of entry clearance. The ECO sought a reconsideration which was ordered on February 6, 2008. Senior Immigration Judge (SIJ) Warr, making the order, stated: "The Secretary of...