C1, R (On the Application Of) v Secretary of State for the Home Department (Rev1) [2022] EWCA Civ 30 (19 January 2022)

C1, R (On the Application Of) v Secretary of State for the Home Department (Rev1) [2022] EWCA Civ 30 (19 January 2022)

Section 3B of the Immigration Act 1971 authorises the Secretary of State, by order, to make provision for varying leave to remain, including both limited and indefinite leave. Article 13(7) of the Immigration (Leave to Enter and Remain) Order 2000, made under section 3B, confers a power to cancel both limited and...

Source-derived case information.

Citation
[2022] EWCA Civ 30
Parties
Claimant/respondent: The Queen (on the application of C1); Defendant/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
19 January 2022
Procedural Posture
Appeal From High Court (judicial Review) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Leave to Remain, Indefinite Leave to Remain, Statutory Interpretation, Ultra Vires, Cancellation of Leave, Judicial Review
Immigration Law Administrative Law Leave to Remain Indefinite Leave to Remain Statutory Interpretation Ultra Vires Cancellation of Leave Judicial Review

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Parties

The Queen (on the application of C1)

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Appeal From High Court (judicial Review) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 3B of the Immigration Act 1971 authorises cancellation of indefinite leave to remain (ILR) by secondary legislation
  2. 2 Whether article 13(7) of the Immigration (Leave to Enter and Remain) Order 2000 permits cancellation of ILR held by a person outside the United Kingdom
  3. 3 Whether article 13(7) is ultra vires section 3B of the 1971 Act

Ratio Decidendi

Section 3B of the Immigration Act 1971 authorises the Secretary of State, by order, to make provision for varying leave to remain, including both limited and indefinite leave. Article 13(7) of the Immigration (Leave to Enter and Remain) Order 2000, made under section 3B, confers a power to cancel both limited and indefinite leave to remain held by persons outside the United Kingdom. The Judge's decision that article 13(7) did not permit cancellation of ILR was wrong in law; the legislative scheme and wording support cancellation of non-lapsing ILR under article 13(7).

Court Disposition

Appeal allowed

Orders

  • Declaration that article 13(7) of the Order permits cancellation of ILR held by a person outside the United Kingdom
  • Judge's declaration set aside