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CHRONOLOGY & LIST OF ISSUES
CHRONOLOGY & LIST OF ISSUES
CHRONOLOGY
References in the form [A/pg.no] (e.g., [A/78]) are to page numbers in the Appellant’s FTT Hearing Bundle unless otherwise specified
References in the form [R/pg.no] (e.g., [R/78]) are to page numbers in the Respondent’s FTT Hearing Bundle unless otherwise specified
1 Feb 1996: Szuba (Polish national) (‘S’) born
Aug 2007: S moved to the United Kingdom aged 11 and has lived continuously in United Kingdom since
2007 – 2014: S was in education and acquired permanent residence as a student
17 Sept 2013: S convicted of intimidating witness/juror with intent to obstruct/pervert/interfere with justice (9 months referral order) [A/78]
10 Jan 2014: S convicted on 3 counts of resisting/obstructing a PC (offence committed while on bail) (one month added to existing referral order)
13 Aug 2014: S convicted of Class A drug possession (12-month community order)
11 Sept 2014: S cautioned for Class B drug possession
5 Feb 2015: S convicted of assault occasioning ABH (3 months imprisonment suspended for 18 months, 60 hours unpaid work and 12-month supervision requirement)
7 Sept 2017: S convicted on 2 counts of driving under the influence (fine and 15-month driving disqualification (‘DQ’))
26 Jan 2018: S’s daughter born (British national as S’s partner is a British national) [A/489]
2 Aug 2018: S convicted of driving while DQ (fine and 8-month DQ)
24 Sept 2018: S convicted on two counts of driving under the influence and while DQ (1-year Community Order (‘CO’), unpaid work requirement, 3-year DQ)
19 Dec 2018: S convicted of failing to comply with CO (CO continued and fine)
17 May 2019: S convicted of failing to comply with CO (CO continued and fine)
13 Sept 2019: S convicted of failing to comply with CO (CO continued and fine)
10 Oct 2019: S arrested in connection with drug dealing (Class A and B drugs)
Feb 2020: S made application under EU Settlement Scheme (‘EUSS’) [NB This was a finding of fact in the FTT but is challenged by the SSHD (see below)]
2 Aug 2020: S again arrested in connection with drug dealing (Class A) while released under investigation in connection with 10 Oct 2019 arrest
3 Aug 2020: S detained in prison(?) [A/22]
14 Oct 2020: S convicted on 3 counts of intent to supply Class A, 2 counts of intent to supply Class B drugs and acquiring/using criminal property [A/79] [R/8]
28 Jan 2021: S sentenced to prison (five years and three months imprisonment) [A/529] [R/14]
4 May 2021: S sentenced to three months imprisonment in default of fine [A/529]
24 Oct 2021: S served notice of decision to deport [R/57]
Decision made under the United Kingdom Borders Act 2007/Immigration Act 1971
- 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