1957 Present: H. N. G. Fernando, J.

M. U. R. C. MEERA, Petitioner, and N. Q. DIAS

(Controller of Immigration and Emigration) et al.,
Respondents

S. C. 198-Application for a Writ of Certiorari and for a Writ of
Mandamus

Immigrants and Emigrants Act, No. 20 of 1948-Sections 10 and 14 (3) (b)-Effect thereon of Amending Act No. 16 of 1955, ss. 7, 26 (1)-Constitution Order in Council, 1946, s. 29 (2)-Interpretation Ordinance (Cap. 2), s. 6 (3) (b).

A non-citizen holding a temporary residence permit issued under the Immigrants and Emigrants Act No. 20 of 1948 is precluded by section 10 of that Act, as amended by Act No. 16 of 1955, from having it renewed or extended, although, prior to the date of the Amending Act, he would have been entitled to the renewal or extension of the permit under section 14 (3) (b) of the principal Act. The amended section 10 of the Immigrants and Emigrants Act is not ultra vires of the Legislature as being in conflict with the provisions of section 29 (2.) of the Constitution Order in Council.

The right conferred by the former section 14 (3) (b) of the principal Act cannot properly be deemed to be a " right acquired " within the meaning of section 6 (3) (b) of the Interpretation Ordinance.

APPLICATION for a writ of certiorari and for a writ of mandamus on the Controller of Immigration and Emigration.

L. G. Weeramantry, with M. S. M. Nazeem and N. R. M. Daluwatte, for the petitioner.

V. Tennekoon, Acting Deputy Solicitor-General, with J. W. Subasinghe, Crown Counsel, for the respondents.

Cur. adv. vult.

July 16, 1957. H. N. G. FERNANDO, J -

The petitioner has applied for 'a writ of Mandamus directing the Controller of Immigration and Emigration to issue to the petitioner a temporary residence permit authorising the continued residence in Ceylon of the petitioner. A temporary residence permit had been issued under the Immigrants and Emigrants Act No. 20 of 1948 to the petitioner for a period of two years commencing from 23rd February 1951, and thereafter other such permits were issued to him, the last of which expired on 19th February 1956. Before its expiration, the petitioner applied to the Controller for an extension of his permit for a period of one year and for present purposes I can assume that his application was either for an extension of the then existing permit or for the issue of a new permit and that the application on whichever basis it was made has been refused by the Controller by his letter of 8th February 1956.

Section 10 of the Act of 1948 in effect prohibited the entry of a non-citizen into Ceylon unless he had in his possession a passport and a visa or a residence permit. Section 14 then provided inter alia for the issue of permanent residence permits for indefinite periods and of temporary residence permits for definite periods exceeding six months, as well as for extension of the period of temporary permits: sub-section 3 (b) of the same section declared that a temporary residence permit shall not be refused in the case of British subjects who had been ordinarily resident in Ceylon for at least five years immediately prior to the appointed date which was 1st November 1949, and the allegation of the applicant that he was a person to whom that sub-section applied has not been challenged. If, therefore, section 14 of the Act remained in its original form it would appear prima facie that the applicant might well have been entitled to the grant either of a temporary residence permit or of an extension of his last permit. But the question whether he would have been so entitled has become academic in consequence of Act No. 16 of 1955 which amended the principal Act in certain very important respects. The Amending Act replaced the original section 14 and substituted for it a new section which provides only for the issue of visas to persons seeking to enter Ceylon and contains no provision of any description correspo