Greenwood (Automatic Deportation: Order of Events): UTIAC 15 Jul 2014

UTIAC (1) The appealable decision that s 32(5) of the UK Borders Act 2007 applies is not invalid by reason of being dated after the deportation order to which it relates.
(2) In an appeal against automatic deportation there is no appeal against a decision to deport or against the order to deport, but only against the decision that s 32(5) applies.
(3) If the First-tier Tribunal gives directions under s 86 of the Nationality, Immigration and Asylum Act 2002 they should be clear, so that the person affected knows whether to challenge them and everybody can tell whether they have been complied with.
(4) It does not appear that the First-tier Tribunal has power to ‘remit’ to the Secretary of State.

CMG Ockleton VP
[2014] UKUT 342 (IAC)
Bailii
England and Wales

Immigration

Updated: 20 December 2021; Ref: scu.536213