The grounds for withdrawal / revocation of international protection are set out in the Immigration Rules and include: (a) the grounds for exclusion in the Refugee Convention; (b) misrepresentation of facts to obtain refugee status; and (c) being a danger to the UK.[1] The procedure is outlined in the section on Cessation.
The legal framework for withdrawal of leave is Section 76 of the NIAA 2002. Indefinite leave (ILR) will be taken from a person or considered to have lapsed when that person:
- Is liable to deportation or administrative removal but cannot be deported or removed because of the UK’s obligations under the Refugee Convention or the ECHR (ILR is revoked);
- Has obtained leave by deception (ILR is revoked);
- Is deported from the UK (ILR is invalidated);
- Ceases to be a refugee because of their own actions (ILR is revoked);
- Remains outside of the UK for more than two years (ILR lapses).
The only appeal against a decision to take away leave is if that is accompanied by a decision to remove protection status i.e. the appeal is against the refusal of protection status.
[1] Rules 339A to 339AB Immigration Rules.