Appeal Under Section 13 Of The Tribunals, Courts And Enforcement Act 2007 By Jakub Goralczyk (ap) Against A Determination Of The Upper Tribunal (immigration And Asylum Chamber)
| Jurisdiction | Scotland |
| Judge | Lord Glennie,Lord Malcolm,Lord Brodie |
| Neutral Citation | [2018] CSIH 60 |
| Date | 24 August 2018 |
| Docket Number | XA9/18 |
| Court | Court of Session |
| Published date | 07 September 2018 |
EXTRA DIVISION, INNER HOUSE, COURT OF SESSION
[2018] CSIH 60
XA9/18
Lord Brodie
Lord Malcolm
Lord Glennie
OPINION OF THE COURT
delivered by LORD BRODIE
in the appeal
under section 13 of the Tribunals, Courts and Enforcement Act 2007
by
JAKUB GORALCZYK (AP)
Appellant
against
A determination of the Upper Tribunal (Immigration and Asylum Chamber)
Appellant: Caskie; MBS Solicitors
Respondent: Massaro; Office of the Advocate General
24 August 2018
Introduction
[1] It is one thing when the state seeks to withdraw a permission or privilege. It is a
very different matter when it seeks to interfere with an individual’s rights. Privileges are
precarious. In the absence of good reason to the contrary, rights should be secure.
[2] This is an appeal on a point of law with leave of the Upper Tribunal (“UT”) in terms
of section 13 of the Tribunals, Courts and Enforcement Act 2007 against a determination of
2
the UT as constituted by Upper Tribunal Judge (“UTJ”) Macleman, dated 23 January 2017.
The appellant is Jakub Goralczyk. The respondent is the Secretary of State for the Home
Department.
[3] The appellant was born on 21 April 1982. He is a citizen of Poland. As at October
2015 he had been resident in the United Kingdom for a period he estimated as nine years
and which is accepted by the respondent was more than five years but less than ten. The
appellant has two children with his partner, both of whom were born and have lived all
their lives in the United Kingdom.
[4] The appellant has been convicted of three offences while resident in the United
Kingdom. The first conviction was recorded on 30 June 2011 at Edinburgh Sheriff Court.
The appellant was convicted of contravention of section 5 of the Road Traffic Act 1988. He
was fined £200 and disqualified from driving for a period of 18 months. On 8 September
2015, at Dumfries Sheriff Court, the appellant pled guilty to two charges of contravention of
section 4(3)(b) of the Misuse of Drugs Act 1971. The controlled drug in question was
cannabis. The first offence was committed on 26 January 2015 and the second offence was
committed on 5 August 2015. The second offence was committed while the appellant was
on bail awaiting trial in respect of the first offence and, accordingly, was aggravated by a
breach of bail conditions. The appellant was sentenced to a cumulo term of 14 months
imprisonment in respect of both offences.
[5] On 12 October 2015 the respondent decided to make a deportation order against the
appellant requiring him to leave the United Kingdom and prohibiting his return. That
decision was made in terms of regulation 19(3) of the Immigration (European Economic
Area) Regulations 2006. The appellant appealed the respondent’s decision to the First-tier
Tribunal (“FTT”). The FTT refused the appeal in terms of decision dated 1 October 2016.
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