Source: All England Reporter
Publisher Citation: [2012] All ER (D) 220 (Oct)
Neutral Citation: [2012] EWCA Civ 1362
Court: Court of Appeal, Civil Division

Maurice Kay, Stanley Burnton LJJ and Sir Stephen Sedley

Representation Stephen Knafler QC and Gordon Lee (instructed by Sutovic & Hartigan) for the claimant.
  Jonathan Moffett (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 October 2012


Immigration - Leave to remain - Indefinite leave to remain - Revocation of leave - Claimant being granted indefinite leave to remain - Defendant Secretary of State deciding to deport claimant - Claimant's deportation order being revoked - Secretary of State refusing to reinstate claimant's indefinite leave to remain - Claimant applying for judicial review of refusal - Administrative Court dismissing application - Claimant appealing - Whether claimant's indefinite leave to remain being reinstated automatically following revocation of deportation order - .

The Case

Immigration Leave to remain. The Court of Appeal, Civil Division, allowed the claimant's appeal against the Administrative Court's decision to dismiss his application for judicial review of the defendant Secretary of State's refusal to reinstate his indefinite leave to remain which had been revoked following the issue of a deportation order pursuant to s3(5) of the as the effect of s76(1) of the was that unless the Secretary of State specifically revoked the claimant's indefinite leave to remain, it continued in being.

Practice Areas

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