This website uses cookies to ensure you get the best experience on our website. Learn more

Schmidt v Home Office [1969] 2 WLR 337

By Oxbridge Law TeamUpdated 04/01/2024 07:01

Judgement for the case Schmidt v Home Office

Table Of Contents

  • It was generally home office (HO) policy to allow aliens to enter the country for study.

  • Plaintiffs had been allowed in to study at the “Hubbard” college of Scientology. In 1968 HO minister said in answer to a written parliamentary question that he considered scientology harmful.

  • Plaintiffs requested to extend their stay at the college but HO refused.

  • CA dismissed their claim, saying that as they had no right to stay, they were not entitled to a fair hearing and HO did not breach the rules on fair procedure. 

Lord Denning MR

An administrative body may, in a proper case, be bound to give a person who is affected by their decision an opportunity of making representations. It all depends on whether he has some right or interest, or, I would add, some legitimate expectation, of which it would not be fair to deprive him without hearing what he has to say.

Any comments or edits about this case? Get in touch

For Further Study on Schmidt v Home Office

Administrative Law Notes
1,167 total pages
436 purchased

Administrative Law notes fully updated for recent exams at Oxford and C...

Criminal Justice, Security, & Human Rights Notes
440 total pages
12 purchased

A collection of the best BCL notes the director of Oxbridge Notes (an O...

Need instant answers? Our AI exam tutor is here to help.

Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️

Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.

Get Started
Claim every advantage to get a first in law
Administrative Law Notes
1,167 total pages
436 purchased

Administrative Law notes fully updated for recent exams at Oxford and C...