Case No. UKUT-00294-(IAC)

109. On the grounds and for the reasons elaborated above the Secretary of State has failed to discharge the burden of establishing on the balance of probabilities that the Appellant, by reason of the various elements of his past conduct identified in [94] above, considered individually or as a whole, represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of United Kingdom society. We consider that the evidence falls measurably short of satisfying this exacting test. It follows that this appeal must succeed. 110. The decision of the FtT has been set aside previously. We remake such decision allowing the appeal. THE HON. MR JUSTICE MCCLOSKEY PRESIDENT OF THE UPPER TRIBUNAL IMMIGRATION AND ASYLUM CHAMBER