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 Lawmostly.com. Ben is a business and public law barrister with the 36 Group. He gives expert legal advice on employment, immigration and commercial disputes to a wide range of clients.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s