Case No. UKUT-00118-(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00118-(IAC)

Fecha: 09-Ene-2017

Permission to Appeal

15. Permission to appeal to the Upper Tribunal has been granted to each of the Appellants on the following five grounds: (i) The Respondent’s decision was vitiated by a failure to discharge her duty under s. 55 of the Borders, Citizenship and Immigration Act 2009; (ii) The First-tier Tribunal [“FtT”] failed to acknowledge the factor of EU law rights, failed to carry out a proper proportionality balancing exercise and failed to evaluate the factors specified in Articles 27 and 28 of the Charter; (iii) The FtT erred in its construction of the statutory criterion of “serious organised crime” and failed to take into account the Respondent’s policy on the issue; (iv) The FtT erred in its application of Article 8 ECHR and, specifically, failed to appreciate that the Article 8 claim focused on the deprivation of citizenship, not proposed deportation; (v) The FtT erred in law in applying Part 5A of the Nationality, Immigration and Asylum Act 2002. We shall address each of the permitted grounds of appeal seriatim.