UTIAC When a removal decision purportedly under s 47 of the Immigration, Asylum and Nationality Act 2006 is made concurrently with a decision refusing further leave:
(i) the s 47 decision is unlawful, but
(ii) the decision refusing leave is a separate decision, that
(iii) requires determination;
(iv) s 85(1) of the Nationality, Immigration and Asylum Act 2002 brings the two decisions into one appeal, but
(v) s 86 of that Act allows and requires the determination to reflect differences in outcome.
Judges:
Ockleton VP, Hanson UTJ
Citations:
[2012] UKUT 414 (IAC)
Links:
Statutes:
Immigration, Asylum and Nationality Act 2006 47
Jurisdiction:
England and Wales
Immigration
Updated: 09 November 2022; Ref: scu.466462
