Previously Overlooked or Considered
Indefinite leave should not normally be revoked where the decision maker had the information available and either previously overlooked it, could reasonably be expected to act on it or considered it and granted anyway. Where the decision maker had the power/authority to grant leave and did so in error and if there was no deception by the applicant, it will not normally be appropriate to revoke the indefinite leave to remain or enter.
4.4
- ____________________________
- 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