Rex v. Bottrill, ex parte Kuechenmeister

Carl Walter Kuechenmeister (plaintiff) was a German national who moved to England in 1928. Between 1931 and May 1939, Kuechenmeister was granted permanent English residence, married and had children with an English woman, and applied for British nationality. In August 1939, shortly after applying for nationality, Kuechenmeister was asked to leave the country by the home secretary. In the ensuing years, Kuechenmeister was interned in both England and Australia. After several years in internment, Kuechenmeister filed a writ of habeas corpus in the divisional court. A certificate dated April 2, 1946, from the secretary of state for foreign affairs (foreign secretary) was entered into evidence at the hearing on Kuechenmeister’s application. The certificate indicated that, although the German state and nationality continued to exist, the unconditional surrender of Germany on June 5, 1945, resulted in the governments of the allied nations assuming all governmental authority of Germany through the Allied Control Commission. The certificate also indicated that the British government was still in a state of war with Germany and that there had not been a peace treaty or declaration that ended the state of war. The divisional court held that the foreign secretary’s certification was sufficient to establish that England was still in a state of war with Germany and that Kuechenmeister was still considered an alien enemy in internment. As a result, the court found that Kuechenmeister could not receive habeas corpus relief. Kuechenmeister appealed the court’s judgment.