Australian High Commission, London, 19 October 1962
Since the coming into force of the Commonwealth Immigrants Act, 1962, its effect on Australian citizens wishing to enter Britain has been causing me some considerable concern. Appeals for assistance have been made to the Australian High Commission on three occasions by Australians who have been refused permission to land in Britain under the provisions of the Act. Other Australians may have received similar treatment but, because they have not applied for assistance, nothing is known about them.
The circumstances of the three specific cases in which Australians applied to my office for help are, briefly, as follows:—
(a) Mr V. Jarvis served as Chief Officer on a British vessel for a voyage between Newcastle, Australia, and Greenock, Scotland in place of a Chief Officer who had become ill in Australia. The Shipping Company had agreed to repatriate Jarvis on the completion of his voyage. The ship’s company was paid off at Greenock, with the exception of Jarvis and another Australian, an uncertificated Deck Hand. Jarvis wished to waive repatriation rights and to ship out of Britain on a British or foreign vessel after a short holiday in Britain. He claimed that the immigration authorities refused to permit the Shipping Master to sign him off. He appealed to me on 21st July and my office took up the matter by telephone with the Immigration Branch, Aliens Department of the Home Office. It was explained that Jarvis had £190 sterling and merely wanted a short holiday in Britain before leaving on another ship. Following these representations, my office was informed that Jarvis would be allowed to land.
(b) Mr G. Swayn appealed for assistance on 28th September following his arrival in Newcastle as a passenger. He is a seaman, and desired to land and look for employment on a ship leaving Britain. He was refused permission under the Act. My office contacted the Home Office and was informed that Swayn had been serving on Danish and Norwegian ships for the past 12 months and was a member of the Norwegian Seamen’s Union and the Norwegian Merchant Navy Pool. I understand that the Home Office authorities considered that he should obtain work on a vessel in Norway. The decision to refuse permission to land was not varied.
(c) Mr A. Malawkin. On 9th October, a telephone call was received from the Chief Immigration Officer, Adelaide House, saying that this man had been refused permission to land and that he was passing on a message that Malawkin desired this High Commission to be notified. Malawkin left Australia in March 1962, and claimed that he did not know of the provisions of the Commonwealth Immigrants Act. He arrived in London as a passenger from Sweden, and informed the Immigration authorities that he desired to obtain work in Britain and to save money for his return fare to Australia. He had been unable to get work in Sweden. As he was not in possession of an employment voucher, he was refused permission to land, and the Shipping Company was instructed to take him back to Sweden.
Mr Chinchen, of the Immigration Branch, Aliens Department, Home Office, was contacted by an officer of this High Commission, and was asked to reconsider this case as Malawkin, naturally, did not want to be returned to Sweden and felt confident that he could get work in Britain. Mr Chinchen said that as Malawkin did not have an employment voucher, the decision could not be varied. He said that no discretion could be used in the case of an Australian in these circumstances. When he was asked whether Malawkin would be allowed to land if he applied for and obtained an employment voucher, he said that the decision would probably be reversed in such circumstances, but added that it was not likely that a voucher could be obtained before the departure of the ship. From the attitude of the Aliens Department official, in this instance, it appeared that the provisions of the Act were to be strictly applied and that discretion and co-operation were not forthcoming.
The matter was then put to the Ministry of Labour which, on the other hand, was most co-operative. When the case was explained, arrangements were made for an employment voucher to be issued on receipt of Malawkin’s application, in what appeared to be an exceptionally quick time. This action required three visits to the ship by one of my officers as Malawkin was not permitted to visit Australia House unless a police escort was provided and paid for.
You will no doubt appreciate that a considerable amount of time was taken up by my officers in dealing with these three cases. Furthermore, it must be admitted that the Home Office and the Ministry of Labour were caused some inconvenience. I had been given to understand that, in general, there would be no great difficulties facing Australians desiring to enter Britain following the introduction of the new Act. But, from experience, it appears that there may be further and continued embarrassment caused to Australians and to this High Commission.
I feel that, as representative of the Australian Government in Britain, I must ask for your assurance that the provisions of the Act will be applied against Australian citizens with some discretion in the future, particularly in cases in which Australians arriving here are unaware of the fact that, although they are British nationals, they are not regarded as such for the purposes of the Act.
[NAA:Al838, 1531/171 PART 1]