UTIAC An individual who is the subject of a deportation order must apply for revocation of the order before making an application for entry clearance if he/she is not to be subject to a mandatory refusal under paragraph 320(2). He/she is not able to raise revocation in the grounds of appeal and rely on sectio 120 of the Nationality, Immigration and Asylum Act 2002, since, whilst sectio 120 requires the Tribunal to consider all of the grounds upon which an appellant wishes to rely, it is not a mechanism which permits an appellant to make an entirely new application to the Tribunal.
Judges:
Taylor UTJ
Citations:
[2012] UKUT 78 (IAC)
Links:
Statutes:
Nationality, Immigration and Asylum Act 2002 120
Jurisdiction:
England and Wales
Immigration
Updated: 05 October 2022; Ref: scu.451922