Passage of time
Length of time spent in the UK may constitute a reason for not revoking indefinite leave. It would only be relevant to cases under section 76(2) and 76(3). For cases under section 76(1) length of time spent in the UK will not constitute a bar to revocation of indefinite leave because it, and any other Article 8 considerations, will have been taken into account in deciding whether the person should be deported. What is of more relevance is the length of time that has passed since the incident(s) which is/are causing the review of a person’s continuing entitlement to indefinite leave. For example, indefinite leave would not normally be revoked where the deception in question or where the person’s travel to their home country occurred more than five years ago. Each case must be considered on its merits. The longer the person has been in the UK or, more crucially, the more time it has been since the incident, the less likely it will be appropriate to revoke ILR.
4.2
- ____________________________
- Judge Canavan:
- Background
- Hakemi and Others
- but this list is not exhaustive.
- as a whole
- including character, conduct and employment record)
- Revocation of leave to enter or remain
- Deception Cases
- Passage of time
- Genuine Mistakes/Errors
- Previously Overlooked or Considered
- Compelling and Compassionate Circumstances
- ‘6.2.2
- The issues
- Decision and reasons