Case No. UKUT-00629-(IAC)

5. The Secretary of State was granted permission to challenge the aforementioned decision of the FtT by appeal to the Upper Tribunal which, by its determination dated 04 July 2014, set aside the decision of the FtT. It did so on two main grounds. First, it concluded that there is nothing unlawful where a notice that section 32( 5) of the 2007 Act applies post dates the associated deportation order. We highlight the following passages: “ [29] ….. The making of the deportation order expressly under section 32(5) is a decision that section 32(5) applies to the case. To treat it otherwise would be bizarre …. [33] …. [It] is the clearest possible indication that the decision maker has decided that the subsection applies ….. [38] The right of appeal is against the decision that section 32(5) applies. Such a decision is not rendered unlawful by bearing a date after that of the deportation order, either on the basis that the combination of dates necessarily indicates a failure of due process or on the basis that it necessarily indicates that the person giving the reasons was unable fairly to consider the case. ” The Upper Tribunal determined to set aside the decision of the FtT and to order remittal. This was the stimulus for the further, and most recent, decision of the FtT giving rise to the appeal which we must now decide. 6. For completeness, b y its order dated 29 April 2015 the Court of Appeal dismissed the Respondent’s application for permission to appeal against the last mentioned decision of the Upper Tribunal. T h e M