J1, R (on the application of) v Special Immigration Appeals Commission & Anor
SIAC correctly interpreted s.85(4) as limiting consideration to facts at the time of revocation unless Article 8 ECHR is engaged; the statutory power to revoke ILR under s.76 is not subject to implied limits based on prospects of deportation; revocation of ILR alone does not engage Article 8 ECHR.
- Parties
- Claimant: J1; Defendant: Special Immigration Appeals Commission; Interested Party: Secretary of State for the Home Department
- Jurisdiction
- England and Wales
- Judgment Date
- 23 November 2018
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Application for judicial review dismissed
- Legal Topics
- Revocation of Indefinite Leave to Remain, Statutory Interpretation, Article 8 ECHR, Disclosure Obligations, Judicial Review of SIAC Decisions
Case Brief
Summary, issues, holding and outcome
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Parties
J1
Claimant
Special Immigration Appeals Commission
Defendant
Secretary of State for the Home Department
Interested Party
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Interpretation of s.85(4) Nationality, Immigration and Asylum Act 2002 regarding post-decision evidence
- 2 Implied limits on the power to revoke ILR under s.76 of the 2002 Act
- 3 Engagement of Article 8 ECHR by revocation of ILR
Ratio Decidendi
SIAC correctly interpreted s.85(4) as limiting consideration to facts at the time of revocation unless Article 8 ECHR is engaged; the statutory power to revoke ILR under s.76 is not subject to implied limits based on prospects of deportation; revocation of ILR alone does not engage Article 8 ECHR.
Court Disposition
Application for judicial review dismissed
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