Case No. UKUT-00294-(IAC)

the past personal conduct of the Appellant in terrorist activities and active membership of a proscribed organisation in Spain does not constitute a genuine, present and sufficiently serious threat affecting one of the fundamental interests of the United Kingdom. 99. We consider that the correct answer to this question is provided by a combination of the context to which the Appellant’s previous conduct, in all of its guises, belonged, present realities and future probabilities. All of the elements of the Appellant’s conduct underpinning the impugned deportation decision of the Secretary of State belonged to a context which no longer obtains. The proscribed terrorist organisation ETA featured in all aspects of this past context. This organisation, its aims and its ruthless armed struggle all lay at the heart of the Appellant’s past conduct. They were its raison d’etre . 100. It is, as a minimum, improbable that ETA continues to exist. The evidence establishes that it has not been involved in active terrorism for several years. It has renounced its struggle and has been involved in the decommissioning of weapons. The Appellant’s last active terrorist involvement in ETA terrorism occurred some 30 years ago. The circumstances and context in which all elements of the Appellant’s relevant past conduct occurred have been extinct for some time. Furthermore, there is no realistic prospect of their resurrection. Thus there is no ascertainable reason why, or expectation that, the Appellant would conduct himself in a similar fashion ever again. Furthermore, there is no evidence that a resuscitated ETA would conduct terrorist operations in, or affecting, the United Kingdom.