ILR (on the application of Fitzroy George) (Respondent)

Case summary


Where a deportation order is revoked, does the leave to remain, which was invalidated by the order pursuant to s.5 1A 1971, remain invalidated or does it revive?


In 2000, the respondent, a citizen of Grenada, was granted indefinite leave to remain (“ILR”). In 2008, following the respondent’s involvement in criminal conduct, including custodial sentences, the appellant issued a deportation order, which revoked the respondent’s ILR status. The Asylum and Immigration Tribunal determined that, whilst the respondent was liable to deportation, actual deportation would breach his rights under Article 8 of the European Convention on Human Rights. The respondent requested confirmation of his ILR status. The appellant refused such confirmation on the basis that the respondent was not entitled to ILR. The respondent brought an application for judicial review of this decision.


Appellant name

Secretary of State for the Home Department

Respondent name

Fitzroy George

Justices allocated names

Lord Neuberger
Lord Clarke
Lord Carnwath
Lord Hughes
Lord Toulson

Hearing date

4 Mar 2014

Judgment hand down date:

14 May 2014