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Immigration – Leave to remain. The Supreme Court allowed the appeal by the Secretary of State for the Home Department against the decision of the Court of Appeal, Civil Division, to allow the respondent's appeal against the rejection of his application for judicial review of the Secretary of State's refusal to reinstate his indefinite leave to remain (ILR) which had been revoked following the issue of a deportation order pursuant to s 3(5) of the Immigration Act 1971. The Supreme Court decided that on the correct construction of s 5(2) of that Act, the respondent remained liable to deportation, even though it could not at present be carried out: although his position in the United Kingdom had to be regularised, that did not entail recognition of ILR.
Immigration – Leave to remain. The Supreme Court allowed the appeal by the Secretary of State for the Home Department against the decision of the Court of Appeal, Civil Division, to allow the respondent's appeal against the rejection of his application for judicial review of the Secretary of State's refusal to reinstate his indefinite leave to remain (ILR) which had been revoked following the issue of a deportation order pursuant to s 3(5) of the Immigration Act 1971. The Supreme Court decided that on the correct construction of s 5(2) of that Act, the respondent remained liable to deportation, even though it could not at present be carried out: although his position in the United Kingdom had to be regularised, that did not entail recognition of ILR.
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