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Tribunal case on lapsing, cancelling and revoking ILR


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i) Article 13 of the Immigration (Leave to enter and Remain) Order 2000/1161 (the “2000 Order”) applies to holders of indefinite leave to remain (“ILR”) who travel to a country or territory outside the common travel area so that their ILR does not lapse but continues if Article 13(2)-(4) are satisfied.

ii) If the leave of such an individual continues pursuant to Article 13(2)-(4) of the 2000 Order, an immigration officer has power to cancel their ILR upon their arrival in the United Kingdom.

iii) The grounds upon which such leave may be cancelled are set out at para 321A of the Immigration Rules.

iv) Section 76 of the Nationality, Immigration and Asylum Act 2002 Act is an alternative and additional power, available to the Secretary of State, to revoke indefinite leave to enter or ILR in the circumstances described at s.76(1)-(3) of the 2002 Act.

Source: Neshanthan (cancellation or revocation of ILR : Sri Lanka) [2017] UKUT 77 (IAC) (17 January 2017)

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.