Revocation of indefinite leave to remain.
The secretary of state is able to revoke indefinite leave to remain under section 76 of Immigration Act 2002. In the following instances,
Liable to deportation – section 76(1) revocation
Where a person is liable to deportation but cannot be deported for legal reasons, the
Secretary of State can decide to revoke indefinite leave under section 76(1) of the
A legal reason normally means that a person’s deportation would breach the UK’s
obligations under the Refugee Convention or the European Convention on Human
Deception – section 76(2) revocation
Indefinite leave obtained through the use of deception, including by a third party,
may be revoked under section 76(2) of the 2002 Act. The deception must be material
to the grant of leave.
A person who obtains, or seeks to obtain, leave to enter or remain by deception is
guilty of an offence under section 24A of the Immigration Act 1971 (1971 Act).
Where a person has been convicted under section 24A of having obtained leave by
deception, it will have been proven to the criminal standard (beyond reasonable
doubt) and therefore the Secretary of State will have good reason to conclude that
the evidentiary requirement in respect of revoking leave (balance of probabilities).
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