George, R (on the application of) v Secretary of State for the Home Department

George, R (on the application of) v Secretary of State for the Home Department

The revocation of a deportation order does not automatically revive indefinite leave to remain (ILR) previously invalidated by the making of the order. The Secretary of State must decide whether to grant or revoke ILR under section 76 of the Nationality, Immigration and Asylum Act 2002, and the individual has a right of appeal if ILR is revoked.

Parties
Claimant/appellant: Fitzroy George; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
23 October 2012
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed (majority); remitted to Secretary of State to determine whether to revoke ILR under section 76 of the 2002 Act.
Legal Topics
Deportation, Indefinite Leave to Remain (ilr), Statutory Interpretation, Revocation of Deportation Orders
Immigration Law Administrative Law Deportation Indefinite Leave to Remain (ilr) Statutory Interpretation Revocation of Deportation Orders

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Parties

Fitzroy George

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Does revocation of a deportation order automatically revive previously invalidated indefinite leave to remain (ILR)?
  2. 2 What is the effect of section 5(2) of the Immigration Act 1971 and section 76 of the Nationality, Immigration and Asylum Act 2002 on ILR after revocation of a deportation order?

Ratio Decidendi

The revocation of a deportation order does not automatically revive indefinite leave to remain (ILR) previously invalidated by the making of the order. The Secretary of State must decide whether to grant or revoke ILR under section 76 of the Nationality, Immigration and Asylum Act 2002, and the individual has a right of appeal if ILR is revoked.

Court Disposition

Appeal allowed (majority); remitted to Secretary of State to determine whether to revoke ILR under section 76 of the 2002 Act.

Orders

  • Secretary of State to consider whether to revoke the appellant’s ILR pursuant to section 76 of the Nationality, Immigration and Asylum Act 2002.