(Immigration and Asylum Chamber)
Gheorghiu ( reg 24AA EEA Regs - relevant factors)  UKUT 24 (IAC)
THE IMMIGRATION ACTS
Heard at Field House
Decision & Reasons Promulgated
On 18 November 2015
THE HON MR JUSTICE BLAKE
UPPER TRIBUNAL JUDGE GOLDSTEIN
For the Appellant: Ms A Fijiwala, Home Office Presenting Officer
For the Respondent: Mrs B Hamid counsel instructed by SBG Solicitors
When considering whether or not to suspend certification of EEA appeals pursuant to regulation 24AA of the Immigration (European Economic Area) Regulations 2006, the decision-maker should take into account inter alia:(i) the status of the EEA national; (ii) the impact of removal on family members; (iii) evidence of continuing risk to the public; and (iv) the role oral evidence may play.
DECISION AND REASONS
" The fact that the appellant has committed previous offences is not a matter which can solely justify deportation; there is no evidence which leads me to find that he is a genuine, present and sufficiently serious threat to one of the fundamental interests of society; his present conduct in the last seven years, has been that of a law abiding and working member of United Kingdom society, exercising treaty rights as a worker. I do not find that deportation is justified on imperative grounds of public security, because there is no evidence which shows that he represents a genuine, present and sufficiently serious threat to public security. The threshold of imperative grounds is a high level of justification for deportation, and I find that the decision made by the respondent in this case has not reached that level".
'(a) had leave to enter or remain in the United Kingdom
(b) would have been carrying out (the relevant EU) activity or residing in the United Kingdom in accordance with these Regulations had the relevant state been an EEA State at that time and had these Regulations at that time been in force.'
(i) that the status of an EEA national exercising Treaty rights of employment and residence in the host state at the time of the expulsion decision are significantly different from those of aliens generally; interference with the right of residence is not permitted in the absence of a sufficiently serious and present threat to the requirements of public policy, that cannot include in an EU case general deterrence or the interest of maintaining purely domestic immigration control;
(ii) that the removal pending appeal from the communal household of the principal wage earner of the family who (as here) is both a spouse and a parent of a minor child involved in the child's daily life is itself an interference with both the right to respect for family life under Article 8 and the EU Charter of Fundamental rights and the EU right of residence afforded by the Citizens Directive;
(iii) that in cases of serious criminality, if there is no evidence of continuing risk to the public, the case for expulsion may not be a strong one; where there is some evidence of risk that is being addressed and rehabilitation of the offender is promoted by the family and employment circumstances in the host state, then, at least in the case of people entitled to permanent residence in that state, substantial weight may be afforded to the duty to promote rehabilitation (see Essa (EEA rehabilitation/integration)  UKUT 316 (IAC) as corrected by the Court of Appeal in SSHD v Dumliauskas and others  EWCA Civ 145 at  and ; see also MC (Portugal)  UKUT 520 (IAC). Interference with the factors that promote such rehabilitation may not be readily justified.
(iv) that in cases where the central issue is whether the offender has sufficiently been rehabilitated to diminish the risk to the public from his behaviour, the experience of immigration judges has been that hearing and seeing the offender give live evidence and the enhanced ability to assess the sincerity of that evidence is an important part of the fact-finding process (see for example the observations of this Tribunal as to the benefits of having heard the offender in Masih (Pakistan)  UKUT 46 (IAC) at ; see also Lord Bingham in Huang  2 AC 167 at  ).
Notice of Decision
The Secretary of State's appeal is dismissed.
The decision of the FtT judge allowing the respondent's appeal from the decision to deport stands.
The Secretary of state is directed to arrange for the return of the respondent to the United Kingdom within 28 days of the promulgation of this decision
No anonymity direction is made.
No fee is paid or payable and therefore there can be no fee award.
Date 20 November 2015
 'The first task of the appellate immigration authority is to establish the relevant facts. These may well have changed since the original decision was made. In any event, particularly where the applicant has not been interviewed, the authority will be much better placed to investigate the facts, test the evidence, assess the sincerity of the applicant's evidence and the genuineness of his or her concerns and evaluate the nature and strength of the family bond in the particular case. It is important that the facts are explored, and summarised in the decision, with care, since they will always be important and often decisive'.