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On appeal from: [2012] EWCA Civ 1362.

The Court was asked to consider if the respondent’s indefinite leave to remain (ILR) status revived following the revocation of the deportation order that had invalidated the ILR status.

The Court held that the better reading of the Immigration Act 1971, s 5 was that it did not revive prior leave on a deportation order’s revocation. Importantly, the 1971 Act had consistently been treated as meaning that revocation dud not revive prior leave to remain. Draft Immigration Rules which made this clear were prepared (and considered by Parliament) alongside the 1971 Act, and every subsequent version of the Immigration Rules had contained the same statement.

For judgment, please download: [2014] UKSC 28
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII