MM, R (On the Application Of) v Secretary of State for the Home Department (effect of withdrawal section 94B) (Rev1)
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What was at stake
The appellant challenges the effect of a withdrawal under section 94B of the Immigration Act.
What the court decided
The Upper Tribunal held that where the SSHD, after making an automatic deportation order under s.32(5) of the UK Borders Act 2007, withdraws either her refusal of a human rights claim or the s.94B certification of that claim, the deportation order continues to have effect: there is no requirement to revoke it (though she has power to do so), and the SSHD may make a fresh non-certified refusal decision. Crucially, withdrawal of the s.94B certificate or human rights decision does NOT reinstate or automatically revive indefinite leave to remain that was invalidated by the deportation order. Applying this, the Tribunal found nothing irrational or unlawful in the SSHD granting MM 30 months' discretionary leave rather than restoring his ILR, and refused the judicial review.
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