Upper Tribunal (Immigration and asylum chamber), 2014-09-24, DA/02301/2013
| Jurisdiction | UK Non-devolved |
| Date | 24 September 2014 |
| Published date | 16 January 2015 |
| Hearing Date | 17 July 2014 |
| Court | Upper Tribunal (Immigration and Asylum Chamber) |
| Status | Unreported |
| Appeal Number | DA/02301/2013 |
Appeal Number: DA/02301/2013
Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: DA/02301/2013
THE IMMIGRATION ACTS
|
Heard at Birmingham |
Determination Promulgated |
|
on 17th July 2014 |
On 24th September 2014 |
Before
UPPER TRIBUNAL JUDGE HANSON
Between
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and
PE
(Anonymity order in force)
Respondent
Representation:
For the Appellant: Mr Smart – Senior Home Office Presenting Officer.
For the Respondent: Ms Harris of Dennings Solicitors.
DETERMINATION AND REASONS
-
On 14th May 2014, following a hearing at Birmingham, it was found that a panel of the First-tier Tribunal had materially erred in law in allowing PE’s appeal against the order for his deportation from the United Kingdom for the reasons set out in the error of law finding and directions document of the same date. There are a number of findings of the First-tier Tribunal which are preserved. These include PE’s Greek nationality, his date of entry into the United Kingdom in the year 2000, the existence of two children of which he is the father, the existence of family life recognised by Article 8 between PE and the children which is maintained by ongoing contact, and the finding that there is no family life recognised by Article 8 between PE and his former partner. PE’s offending history is also accepted and set out below.
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As stated, PE is a Greek national. Following his conviction at Ipswich Crown Court he has been made the subject of a deportation order pursuant to section 32 (4) of the UK Borders Act 2007. It is PE’s case that he falls within one of the exceptions set out in section 33 of the 2007 Act, namely that his removal from the United Kingdom in pursuance of the deportation order will breach his rights under the European Community treaties .
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PE’s offending history is as follows:
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|
Date of conviction |
Court |
Nature of offence -charge |
Sentence |
|
1 |
6th June 2002 |
Dudley Magistrates |
1. Possessing controlled drug – Class A on 02/06/02 Misuse of Drugs Act 1971 s.5 (2). 2. Possessing Controlled Drug – Class A on 02/06/02. Misuse of Drugs Act 1971 s.5 (2). |
Community Rehabilitation Order – 6 mths. Costs 118.00 Forfeiture/confiscation Heroin and Crack Cocaine to be destroyed. Forfeiture/confiscation 3 spoons, 2 needles and bottle fitted with pipe ot be destroyed. Community Rehabilitation Order 6 mths. |
|
2 |
28th August 2002 |
Dudley Magistrates |
Theft – Shoplifting on 26/07/02. |
Conditional Discharge 12 mths. Costs 75.00 |
|
3 |
18th October 2002 |
Dudley Magistrates |
Theft – Shoplifting on 24/09/02. |
Imprisonment 2 mths Consecutive, wholly suspended 1 mth. |
|
4 |
18th October 2002 |
Dudley Magistrates |
1. Failing to surrender to custody at appointed time On 14/06/02 2. Stopping in pedestrian crossing controlled area On 14/06/02 Zebra Pelican and Puffin Pedestrian Crossing Regulations 1997 reg. 20 (2) 3. Breach of Conditional Discharge Powers of Criminal Courts Act 1973 s.1 (B) |
Imprisonment 1 mth wholly suspended 1 yr. No separate penalty. Imprisonment 1 mth Concurrent, wholly suspended 1 yr Resulting from original conviction of 28/08/02 at Dudley Mag Ct. |
|
5 |
18th October 2002 |
Dudley Magistrates Court |
Theft – shoplifting On 26/09/02 |
Imprisonment 1 mth Concurrent, wholly suspended 1 yr. |
|
6 |
14th March 2003 |
Dudley Magistrates |
Possessing Listed False Instrument W/I to use On 01/06/02 Forgery and Counterfeiting Act 1981 s.5(1) |
Community Rehabilitation Order 12 mths Costs 118.00 |
|
7 |
22nd October 2004 |
Halesowen Magistrates |
1. Fraudulently using a vehicle licence/trade licence/registration mark/ registration document On 08/05/04 Vehicle Excise and Registration Act 1994 s.44 (1) and s.44 (3) 2. Using vehicle whilst uninsured On 08/05/04 |
Fine 150.00 Fine 100.00 Costs 150.00 Driving licence endorsed 6 points |
|
8 |
5th August 2008 |
Warley Magistrates |
Possess Cannabis A Class C controlled drug On 24/07/04 Misuse of Drugs Act 1971 s.5 (2) |
Fine 100.00 Costs 15.00 victim surcharge Costs 60.00 collection order made Forfeiture and destroy drugs |
|
9 |
21st December 2009 |
Warley Magistrates |
1. Possessing controlled drug – Class A- Heroin On 12/12/09 Misuse of Drugs Act 1971 s.5 (2) 2. Possess Controlled drug – Class B – cannabis/cannabis resin on 12/12/09 Misuse of drugs Act 1971 s.5 (2) |
Fine 100.00 Costs 85.00 Victim surcharge 15.00 Forfeiture under s27 Misuse of Drugs Act 1971 Fine 65.00 Forfeiture under s 27 Misuse of Drugs Act 1971. |
|
10 |
10th June 2010 |
Aldridge and Brownhills Magistrates |
1. Theft on 10/11/09 2. Theft on 10/11/09 3. Theft on 10/11/09 4. Theft on 10/11/09 5. Theft on 10/11/09 6. Theft On 10/11/09 |
Suspended imprisonment 4 wks Suspended for 2 years Curfew requirement with Electronic tagging Costs 920.00 Suspended imprisonment 4 wks Suspended for 2 years Curfew requirement with Electronic tagging Imprisonment 4 wks Suspended for 2 years Curfew requirement Imprisonment 4 wks Suspended for 2 years Curfew requirement Suspended imprisonment 4 wks Suspended for 2 years Curfew requirement with Electronic tagging Suspended imprisonment 4 wks Suspended for 2 years Curfew requirement with Electronic tagging
|
|
11 |
23rd September 2010 |
Warley Magistrates |
Possession cannabis controlled drug –Class B ... |
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