R (C1) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Leave to remain — Variation — Secretary of State’s power to cancel leave to remain of person outside common travel area — Whether power exercisable in relation to indefinite leave to remain — Immigration Act 1971 (c 77), ss 3(3), 3B — Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161), art 13

[2021] EWHC 242 (Admin); [2021] QB 983; [2021] 3 WLR 1; [2021] 4 All ER 292; [2021] WLR(D) 90; [2021] ACD 45, QBD

IMMIGRATION — Leave to remain — Variation — Secretary of State’s power to vary leave to remain of person outside common travel area — Whether power exercisable in relation to indefinite leave to remain — Immigration Act 1971 (c 77), ss 3(3), 3B — Immigration (Leave to Enter and Remain) Order 2000 (SI 2000/1161), art 13

[2022] EWCA Civ 30; [2022] QB 371; [2022] 2 WLR 567; [2022] 3 All ER 1082; [2022] INLR 144; [2022] WLR(D) 31; The Times, 10 March 2022, CA

Appellate History

Commentary

Free Movement
Indefinite leave to remain can be revoked, but not cancelled Case comment

ILR can be cancelled while holder is outside the UK Case comment