[2024] UKUT 00362 (IAC)

The appellant in the appeal before us is the Secretary of State for the Home Department (“SSHD”) and the respondent to this appeal is Mr Kingsley Manyo. However, for ease of reference, in the course of this decision we adopt the parties’ status as it was before the FtT.  We refer to Mr Manyo as the appellant, and the Secretary of State as the respondent.

On 27 January 2022, a decision was made to make a deportation order in respect of the appellant by virtue of section 32(5) of the UK Borders Act 2007, and a decision was made to refuse a human rights claim. The appellant’s appeal against that decision was allowed on human rights grounds by First-tier Tribunal Judge Cartin for reasons set out in a decision promulgated on 16 June 2022.

Permission to appeal to the Upper Tribunal was granted by Upper Tribunal Judge Perkins on 8 November 2022.

Following the Agreement on the withdrawal of the United Kingdom from the European Union, the appeal before us raises the important question of the regime that applies where the decision of the respondent concerns an EEA national, but the decision made by the respondent is made under the Immigration Act 1971 and UK Borders Act 2007.