ON APPEAL FROM THE UPPER TRIBUNAL
(IMMIGRATION AND ASYLUM CHAMBER)
DEPUTY UPPER TRIBUNAL JUDGE BIRRELL
Appeal No IA/36922/2104
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE HICKINBOTTOM
LORD JUSTICE COULSON
| QAISAR TIKKA
- and -
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Alan Payne (instructed by Government Legal Department) for the Respondent
Hearing date: 15 March 2018
Crown Copyright ©
Lord Justice Hickinbottom:
"(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his conduct (including convictions which do not fall within paragraph 322(1C)), character or associations or the fact that he represents a threat to national security;
(5A) it is undesirable to permit the person concerned to enter or remain in the United Kingdom because, in the view of the Secretary of State:
(a) their offending has caused serious harm;…"
Paragraph 322(1C) concerns particularly serious offences, into which the Appellant's offence did not fall. In the decision letter of 11 September 2014, the Secretary of State concluded that the Appellant's offence had caused "serious harm", as a result of which his leave had been curtailed under paragraph 322(5A) and also paragraph 322(5).
The Tribunal Proceedings
"S-EC.2.1. The applicant will normally be refused on grounds of suitability if any of paragraphs S-EC.2.2. to 2.5. apply.
S-EC.2.5. The exclusion of the applicant from the UK is conducive to the public good because:
(b) in the view of the Secretary of State:
(i) the person's offending has caused serious harm;…".
The Parties' Submissions
Lord Justice Coulson:
Lord Justice Kitchin: