![[2024] UKUT 00066 (IAC)](https://backend.juristeca.com/files/emisores/logo_AioYBzS.png){kind=logo}
2 Nov 2022: Appeal heard by FTT (Judge Coutts) against both the human rights and EUSS decisions
2 Nov 2022: Appeal heard by FTT (Judge Coutts) against both the human rights and EUSS decisions
Appellant’s case set out at paras 7-12 and 19 of the FTT judgment: (i) acquired permanent right of residence in the United Kingdom by reason of being a national of the Netherlands and by exercising treaty rights since he arrived in the United Kingdom in or about 2008; (ii) this continued uninterrupted until he was convicted for assault on 30 July 2021 and sentenced to prison term; (iii) the SSHD was wrong to consider his deportation on conducive grounds and should have applied a test of public policy, public security or public health grounds which were relevant to his status as an EEA citizen; (iv) the decision breached his Article 8 rights (genuine and subsisting relationship with daughter).
- Heading
- Introduction
- Procedural history
- Broad outline of the issues
- The Law
- Background
- Domestic law on deportation
- The WA in detail
- Appendix EU of the Immigration Rules
- Discussion
- The Divisional Court set out the general principles on this issue at [80]
- ZA
- AS (Szuba)
- Rudas Rudokas (“RR”)
- The appeal will be listed to be remade in the Upper Tribunal on a date to be fixed
- The parties are therefore directed to prepare and serve 10 working days before the next hearing in electronic form
- The appeal will be listed to be remade in the Upper Tribunal on a date to be fixed
- RR The Secretary of State has stated in his email of 14 February 2024 that: “ Mr Rudokas’ human rights appeal can be dealt with by the FTT as a new matter in his existing appeal under the CRA Regulations
- CHRONOLOGY & LIST OF ISSUES
- 2008: A claims to have moved with his family move to the United Kingdom
- 22 Sept 2010: A convicted of failing to comply with CRO/CPO (unpaid work requirement imposed) [328]
- 25 Oct 2017: A convicted of battery [328]
- 30 July 2021: A convicted of offence (inflicting GBH without intent) in connection with the 28 Nov 2019 incident and is sentenced to 18 months imprisonment (reduced on appeal to 12 months) [343]
- 9 Sept 2021: A begins prison sentence 11 Oct 2021: SSHD notify A of intention to deport due to his conviction [348] [360]
- 15 Nov 2021: A’s solicitors submit representations resisting deportation [361]
- 3 May 2022: SSHD notifies A of decision to
- 9 May 2022: A served with deportation decision/order 9 May 2022: A files appeal on basis that the SSHD’s decision [15]
- 2 Nov 2022: Appeal heard by FTT (Judge Coutts) against both the human rights and EUSS decisions
- 20 Dec 2022: FTT decision handed down
- 4 May 2023: UT (Judge Kebede) grants SSHD’s appeal on basis that
- LIST OF ISSUES For the Home Office (pursuant to para. 27(a)(i) of the UT’s decision): the SSHD to provide “ confirmation of the relevant decision made in relation to the appellant’s deportation, given the apparent i
- In respect of A’s appeal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the Appeals Regs”)
- CHRONOLOGY & LIST OF ISSUES
- 9 Nov 2021: S’s sols provide submissions in response to deportation decision, including raising human rights claim [A/39]
- 23 May 2022: SSHD decision to
- 30 May 2022: S appealed against (i) human rights claim refusal and (ii) deportation order on the basis that [A/67]
- 30 June 2022: S applies under EUSS again allegedly on SSHD advice (previous application deleted) 21 Dec 2022: Appeal heard (Judge Dixon)
- 3 Feb 2023: SSHD appeals on basis that
- 24 Feb 2023: PTA granted on both grounds (Judge Curtis)
- 18 March 2023: S released from prison(?) [A/22] What is the source and scope of S’s right of appeal to the FTT?
- If so, is the error material such that the FTT decision is required to be set aside and re-made? Did the FTT materially err in deciding that S had made an application under the EUSS in February 2020?
- Without prejudice to the above, in deciding the appeal additional potential issues are
- CHRONOLOGY
- 13 July 2022: R convicted of money laundering/weapons possession offences (2-year prison sentence and POC (£384,120.19)) [8]
- 9 Aug 2022: SSHD gives notice of Stage 1 decision to deport under United Kingdom Borders Act 2007 / Immigration Act 1971 [11] 23 Aug 2022: R appeals 9 August 2022 Stage 1 decision to deport on (i) human rights grounds (Art. 8) and (ii) that his depor
- 13 Oct 2022: R placed in immigration detention [71]
- Feb 2023: SSHD applies for permission to appeal on two grounds
- LIST OF ISSUES – TO BE DETERMINED AT ERROR OF LAW HEARING UNLESS PARTIES AGREE THERE WAS AN ERROR OF LAW What was the scope of R’s right of appeal against the decision of 9 August 2022?
- Conclusions