Received 15 Jan 1980

H.O. Ref. N.254576   Appellant Representative      

IMMIGRATION ACT 1971

Appellant Mr. William Thomas Hallenbeck aka William Thomas
Date of Birth:        20 March 1947
Nationality:          USC

Decision              Directions for removal to the United States
                      on deportation from the United Kingdom

Date of decision:     21 December 1979

HOME OFFICE STATEMENT

1.  On 18 October 1979, at Dover and East Kent Magistrates' Court, the appellant was convicted of knowingly remaining in the United Kingdom beyond the time limited by his leave to enter; he was sentenced to 3 months' imprisonment and recommended for deportation.  His appeal against the conviction was heard on 23 November 1979 at Maidstone Crown Court, the sentence being varied to 2 months' imprisonment with the recommendation for deportation to stand.

2.  The circumstances leading to the appellants arrest and subsequent conviction are that, having arrived in the United Kingdom on 29 June 1979, he told the immigration officer that he was in transit to New York and produced funds of $125.  He described himself as a 'cowboy' and said that he did stone-carving. (The appellant was apparently in possession of American passport No. K1213653 valid to 25 March 1984).  He was given leave to enter for 1 month, subject to a condition prohibiting him from taking employment.  On expiry of this limited leave to enter he neither embarked nor sought to reularise his stay.  In October 1979 the appellant was seen by the police in the Dover docks area. He could not give a good account of himself or explain his reason for being in the dock area. When interviewed, it was established that he had overstayed his leave to enter.  The appellant stated that he had "disposed of" his passport recently whilst in London, and had since that time adopted the name of William Thomas.

 3. After careful consideration of the relevant facts, the Secretary of State decided that it would be right to implement the court's (?) against the appellant in pursuance of section 5(1) of the Immigration Act 1971.  On 21 December 1979 the appellant was served with the deportation order and no:ice of the directions given for his removal to the United States (HC 82 para 61 refers).

4. Notice of appeal against this decision was later lodged at the Home Office. Where a person is being deported from the United Kingdom
it is normal practice to give directions for his removal to the
country of which he is a national, or which has most recently provided him with a travel document.  However, the Secretary of State is willing to consider any representations that he may be removed to a different country if he can show that the country in question is prepared to admit him on deportation from the United Kingdom.  However, in this case, the appellant has produced no evidence that any country other than the US would be prepared to admit him following his deportation and although he claimed in his grounds of appeal that he is not an American citizen the Secretary of State can find no cause to reverse his decision regarding removal directions.

                                   Rose Mounteney
                                   11 January 1980