UI2024002491

       This is the re-making of the decision in the appellant's appeal, following the setting aside of the decision of the First-tier Tribunal (Judge Wilsher), in a decision promulgated on 8 August 2024.

       For the purposes of this decision, we shall hereinafter refer to the Secretary of State as the respondent and JB as the appellant, reflecting their positions as they were in the appeal before the First-tier Tribunal.

       The appellant is a citizen of Albania born in 1988. The full background to this appeal including the appellant's immigration history is detailed in the setting aside decision at [3] to [11].

       On 15 January 2019 the appellant was convicted of possession with intent to supply a controlled drug of class A (cocaine); possession/control of identity documents with intent; being concerned in supplying a controlled drug of class A; and acquiring/using/possessing criminal property. On 12 June 2019 he was sentenced to two years and ten months imprisonment. He was served with a decision to deport him which he did not challenge. Having been accepted on to FRS he was then deported to Albania in 2019.

       The appellant returned to the UK in November 2021 in breach of the deportation order. On 19 August 2022 he made an asylum and human rights claim and a referral was made to the NRM on 21 February 2023 as a victim of modern slavery, but a negative reasonable grounds decision was made in respect of that referral. The appellant's asylum and human rights claim was refused on 11 April 2023. The appellant appealed against the respondent's refusal and his appeal was allowed by Judge Wilsher by a decision promulgated on 9 April 2024.