ABSTRACT
The holding of a valid EU passport identifying that person as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom, or travel document of a European Union Member State entitles the holder to entry. Passports are issued under the royal prerogative through the Passport Agency. The case of R v Secretary of State for Foreign and Commonwealth Affairs ex parte Everett (1989) established that the decision to revoke or refuse a passport is subject to judicial review. Passports are only issued once the Passport Agency is satisfied as to the accuracy of the application and supporting documentation. Section 3 of the Immigration Act 197140 provides:
The holding of a passport, however, is not conclusive proof of the right to enter. Where a passport has been obtained as a result of fraud or theft, an immigration officer who suspects that this is the case is entitled to require that the passport holder substantiate his or her claim to be the legitimate holder of the passport. In these situations, therefore, the burden of proof as to identity rests with the passport holder. However, where the Passport Agency has indisputably issued a passport to the holder, albeit one of a limited duration, the question arises – should a dispute occur over the matter – as to where the burden of proof lies over the issue of the validity of that passport and the right of its holder to enter.
