British Mandate: A Survey of Palestine: Volume I - Page 174

CHAPTER VII.

undesirable to risk action (mandamus) in the High Court, with the result that the immigration authority approved applications for dependants which in some cases ran contrary to the attitude previously adopted on the subject.

23. Discussions of the matter with the Secretary of State crystallized in the autumn of Hl35 and finally the approved draft of the proposed definition was communicated to the High Commissioner and it was decided that it would be enacted if the immigration authority received a rule absolute from the High Court. In fact, however, the immigration authority was not so challenged because the Jewish authorities did not wish the large definition of 'dependant' to be narrowed, hoping for a wide interpretation when conditions allowed. Nevertheless, since the beginning of 1936 the admission of dependent immigration was conducted in the spirit of the revised draft definition.

The draft revised definition of 'dependant' was :~

"(1) The wife, any child under 18 years of age, and any fatherless grandchild under that age, of an immigrant or of a permanent resident; or

(2) a person

(i) who is a relative other than a relative mentioned in paragraph (1) hereof of an immigrant or of a permanent resident; and

(ii) as to whom the Director is satisfied that he or she will be wholly and directly dependent for maintenance and support upon such immigrant or permanent resident upon arrival in Palestine, and is likely to be so dependent;

(a) in the case of a person of 18 years of age or more, throughout his residence in Palestine, and

(b) in the case of a person under that age, during such time after his arrival in Palestine as the Director shall in his discretion consider reasonable in all circumstances of the case".

This draft definition restricted the area of dependency and at the same time, by giving discretionary powers, restricted the possibility of actions in the High Court.

24. The matter was of very great importance because a substantial proportion of the dependants became wage earners and were usually unskilled. In times of decline of prosperity it is this class of worker that suffers most hardly; and the capacity of the permanent resident "to maintain and support" these dependants also shrinks, so that a crisis involving serious general unemployment might create a problem of gravity as regards the livelihood of these people.

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