See Antonio, R (on the application of) v The Secretary of State for the Home Department [2017] EWCA Civ 48 (08 February 2017).

Once a deportation order is revoked, the Secretary of State is not compelled to keep making orders under the automatic deportation regime in the UK Borders Act 2007 (§ 68).

Where, for example, a deportation order is revoked because of a mistake or on technical grounds, the Secretary of State should simply make a fresh ‘decision to deport’, giving rise to a fresh right of appeal. In this situation, a change of circumstances is not required before such a decision can be made (§§ 70 to 71).

Posted by Ben Amunwa

Founder and editor of Ben is a commercial and public law barrister with The 36 Group. He gives expert legal advice on employment, public law and commercial disputes to a wide range of clients.

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