Upper Tribunal (Immigration and asylum chamber), 2014-09-24, DA/02301/2013

CourtUpper Tribunal (Immigration and Asylum Chamber)
Appeal NumberDA/02301/2013
Date24 September 2014
Publication Date16 January 2015
StatusUnreported

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


  1. 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.


  1. 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 .


  1. PE’s offending history is as follows:



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.

Theft Act 1968 s.1

Conditional Discharge 12 mths.

Costs 75.00

3

18th October 2002

Dudley Magistrates

Theft – Shoplifting on 24/09/02.

Theft Act 1968 s.1

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

Bail Act 1976 s.6 (1)


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

Theft Act 1968 s.1

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

Road Traffic Act 1988 s.143 (2)

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

Theft Act 1968 s.1





2. Theft

on 10/11/09

Theft Act 1968 s.1




3. Theft

on 10/11/09

Theft Act 1968 s.1


4. Theft

on 10/11/09

Theft Act 1968 s.1


5. Theft

on 10/11/09

Theft Act 1968 s.1




6. Theft

On 10/11/09

Theft Act 1968 s.1

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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