United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

 

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Numbers: DA/00451/2016

 

THE IMMIGRATION ACTS

Heard at Field House	Decision & Reasons Promulgated
On 18 th September 2017	On 09 th October 2017

 

Before

 

UPPER TRIBUNAL JUDGE FRANCES

 

Between

 

JOSE MARIA VEIGA VAZ DE PINA

(anonymity direction NOT MADE )

Appellant

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

Representation :

 

For the Appellant: Mr B Lams, instructed by Anglia Immigration Law

For the Respondent: Mr E Tufan, Home Office Presenting Officer

 

 

DECISION AND DIRECTIONS

 

 

1. The Appellant is a citizen of Portugal born on 11 ^th January 1980. His appeal against the decision to deport him was dismissed under the Immigration (EEA) Regulations and on human rights grounds by First-tier Tribunal Judge Lucas on 23 ^rd June 2017.

 

 

 

 

2. After hearing brief submissions by the parties, I find that the judge erred in law in failing to apply the relevant test set out in Regulation 21 of the EEA Regulations 2006. It was accepted that the Appellant had permanent residence and therefore the issue was whether there were serious grounds of public policy to justify deportation. The judge has failed to demonstrate that he applied that test to the Appellant's case.

 

3. The judge finds: 'The Tribunal is quite satisfied that deportation is sufficiently serious to activate Regulation 21'. This was insufficient to demonstrate which test he had applied and whether he had considered all the relevant factors set out in Regulation 21.

 

4. I have decided in accordance with paragraph 7.2 of the Practice Statements of 25 ^th September 2012 that the decision dated 23 ^rd June 2017 should be set aside and the appeal remitted to the First-tier Tribunal. None of the judge's findings are preserved.

DIRECTIONS

 

(i) The Tribunal is directed pursuant to section 12(3) of the Tribunals, Courts and Enforcement Act 2007 to reconsider the appeal at a hearing before a First-tier Tribunal Judge other than First-tier Tribunal Judge Lucas.

 

(ii) I direct that the Appellant serve on the Respondent and the Tribunal any further evidence and submissions at least 14 days before the hearing.

 

(iii) The matter is listed before a First-tier Tribunal judge at the first available date.

 

(iv) A Portuguese interpreter is required.

 

 

J Frances

 

Signed

Date 18 ^th September 2017

Upper Tribunal Judge Frances