Case No. UKUT-00225(IAC)
Upper Tribunal Immigration and Asylum Chamber

Case No. UKUT-00225(IAC)

Fecha: 11-Mar-2020

DECISION AND REASONS

1. I shall refer to the appellant as the ‘respondent’ and the respondent as the ‘appellant’, as they appeared respectively before the First-tier Tribunal. The appellant was born on 12 October 1996 and is a male citizen of Pakistan. He entered the United Kingdom on 4 December 2007. On 30 September 2015, a jury at Sheffield Crown Court found that the appellant had caused injury to his cousin by use of a knife. The appellant was made subject to a hospital order pursuant to section 37/41 of the Mental Health Act 1983 without restriction of time. On 9 November 2018, he was served with a deportation decision and, on 30 November 2018, he submitted a human rights claim. That claim was refused by the Secretary of State by a decision dated 9 January 2019. The appellant appealed to the First-tier Tribunal which, in a decision promulgated on 10 October 2019, allowed the appeal on human rights grounds (Article 8 ECHR). The Secretary of State now appeals, with permission, to the Upper Tribunal. 2. Before the First-tier Tribunal, the respondent argued that the appellant was subject to the provisions of section 117C of the 2002 Act (as amended): 117C Article 8: additional considerations in cases involving foreign criminals (1) The deportation of foreign criminals is in the public interest. (2) The more serious the offence committed by