Introduction
1. This is the judgment of the panel to which both members have contributed. At this stage of these appeal proceedings, the sole question for the Upper Tribunal is whether the First-tier Tribunal (the “ FtT ”) committed a material error of law within the compass of the permitted grounds of appeal. 2. The Appellant, Antonio Troitino Arranz, is a Spanish national, aged 59 years. The Respondent, the Secretary of State for the Home Department (the “ Secretary of State ”) is the author of the decision underlying this appeal. The impugned decision, which is dated 18 August 2015, notified the Appellant that he would be deported from the United Kingdom under regulation 19(3)(b) of the Immigration (European Economic Area) Regulations 2006 (the “ EEA Regulations ”) on the ground of public policy. The reason proffered was that the Appellant was considered to represent “ a genuine, present and sufficiently serious threat to the public …. ”.
- PART 1
- Introduction
- The Statutory Framework
- The Secretary of State’s Decision
- organised crime
- The European Arrest Warrant
- current
- Del Rio Prada v Spain
- Spanish Judicial Authority v Arranz (No 3)
- The Appellant’s Witness Statements
- The Operative Extradition Decision
- itself
- The Principal Grounds of Appeal
- deduced
- The Burden of Proof Issue
- Insofar as the appeal relies upon the 2006 Regulations, the burden is also on the Appellant, the standard being the balance of probabilities
- this
- might
- Other Grounds of Appeal
- (i) Misunderstanding The Evidence
- E v Secretary of State for the Home Department; R v Secretary of State for the Home Department
- E & R
- (ii) Misunderstanding the Second Divisional Court’s Decision
- Paragraph 27
- Paragraph 28
- Paragraph 60
- Kandola
- Spanish Judicial Authority v Arranz
- Vanda Puceviciene
- persecution
- (iv) The Article 6 ECHR Issue
- R (EM Eritrea) v SSHD
- flagrant breach
- R (Ullah) v SSHD
- Conclusion
- PART 2
- The Evidence of Professor Silke
- The Battle Lines Drawn
- in itself
- General
- JS (Sudan)
- The ‘Colectivo’ Issue
- Risk of Reoffending
- The Appellant’s Terrorist Criminality and ETA
- from this perspective,
- Del Rio Prada
- could
- The Reluctant Witness
- Marchon v Immigration Appeal Tribunal
- Nazli
- Ex parte Marchon
- Bouchereau
- Omnibus Conclusion
