Case No. UKUT-00294-(IAC)

Before The Hon. Mr Justice McCloskey, President The Hon. Mr Justice Supperstone, sitting as a Judge of the Upper Tribunal PART 2 Heard at Field House, London On 09 May 2017 Date of promulgation: 22 August 2017 Before The Hon. Mr Justice McCloskey, President Upper Tribunal Judge Blum Between Antonio Troitino Arranz Appellant and Secretary Of State for the Home Department Respondent Representation For the Appellant: Ms L Dubinsky, of counsel, instructed by Birnberg Pierce Solicitors For the Respondent: Ms J Anderson, of counsel, instructed by the Government Legal Department (i) The burden of proving that a person represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society under Regulation 21(5)(c) of the EEA Regulations rests on the Secretary of State. (ii) The standard of proof is the balance of probabilities. (iii) Membership of an organisation proscribed under the laws of a foreign country does not without more satisfy the aforementioned test. (iv) The “Bouchereau” exception is no longer good law: CS (Morocco) applied. Preface This, the composite judgment of the Upper Tribunal, is in two parts. Part 1 contains the error of law decision promulgated on 22 February 2017. Part 2 is the remade determination of this appeal. DECISION PART 1