Joaquin Gregory D’Silva v. R., Crim. App. 167-D-68, 6/5/68, Hamlyn J.

Joaquin Gregory D’Silva v. R., Crim. App. 167-D-68, 6/5/68, Hamlyn J.

Accused was convicted of failing to comply with a notice from the Principal Immigration Officer ordering him to leave Tanzania [Immigration Act, Cap. 534, s. 23 (1) (j)]. The Prohibited Immigrant Notice, issued on 14 November 1967, stated that the Minister for Home affairs had declared accused to be an undesirable immigrant; it directed accused to leave the country within 14 days. Accused admittedly overstayed the period. The Minister did not testify at the trial. The Principal Immigration Officer testified that he was informed of the declaration by telephone, and on that bases issued the Notice. The Principal Secretary to the Ministry of Home Affairs also testified that the Minister had indeed issued the order in writing, and that the order was in the Minister’s possession.

            Held: The Principal Secretary “normally communicates ministerial decisions to both the public and members of the Ministry serving under him.” It is therefore proper that he should communicate the Minister’s order to the officer charged with putting such an order into effect. Further, the Notice specified that such an order had been made; without some positive indication to the contrary, “the court was entitled to assume that every necessary administrative act leading up to the issue of the Notice had been duly carried out.” Finally, there was no contention that the Minister’s order had been improperly obtained, or that the Minister’s signature thereon was not genuine. Under the circumstances, the defence was not entitled to call the Minister himself. Appeal dismissed.