1974

CA

R v Secretary of State for the Home Department ex parte Thakrar

Thakrar was born in Uganda in 1939, to parents who were British subjects born in India. At that time Uganda was a British protectorate and thus acquire the status of British protected person, he did not renew his passport after 1964. Uganda became independent in 1962 and it was not clear if he acquired the Ugandan citizen. In 1972 Uganda expulsed all Asian who were not Ugandan Citizens. In 1973 he arrived to UK and was refused to enter.

It is doubtful whether the rule of IL that requires a state to admit its nationals who have been expelled from another state extended to mass expulsions such as the Uganda or to a State such as the UK that has a large number of subjects whose prime connection is with a former overseas territory IL is part of English law insofar as it is not inconsistent with statute. The rule of IL has been supersede by English Act Even if the rule of IL was as extensive as the applicant had contended, it was a rule between states and could not be enforced by individuals Under English law the applicant did not, even if a British protected person, have the right to entry the UK but only enter with leave