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Court of Appeal decision on power to cancel indefinite leave to remain while holder outside the UK

19th January 2022

Robin Tam QC and Will Hays (of 6KBW College Hill) appeared for the Home Secretary in a successful appeal to the Court of Appeal, which has held that the Home Secretary has power to cancel non-lapsing indefinite leave to remain while its holder is outside the UK.

The Secretary of State cancelled C1’s leave after he had departed the United Kingdom, using the power in Article 13(7) of the Immigration (Leave to Enter and Remain) Order 2000, which provides for leave that does not lapse on departure. C1 argued that that power allows only the cancellation of limited leave and does not extend to indefinite leave, with the consequence that when he returned to the UK he could not be detained as an illegal entrant. The Court of Appeal has rejected that argument ([2022] EWCA Civ 30).



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Robin Tam QC

Robin Tam QC
Year of Call: 1986
Year of Silk: 2006