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R (on the application of Qing Hua Pryor) v Secretary of State for the Home Department [2013] QBD (Admin)

DATE: 30 Jul 2013

Jeremy Baker J held it was unlawful for the secretary of state to make a new deportation order where she had of her own motion revoked an existing deportation order and had not made a fresh decision to make a new deportation order. A failure to make a new decision generating a right of appeal subverted the appeal process. Revocation of a deportation order under section 5(2) of the Immigration Act 1971 was not a means of remediating a flaws in the making of a deportation order. The deportation order was quashed.

Alex Goodman acted for the Claimant, Katherine Olley for the Defendant