IA185032012

For the sake of clarity, the appellant before the First-tier Tribunal is referred to in this determination as the claimant. For clarity also, the Secretary of State who is the appellant here, but was the respondent below, is referred to in this determination as the respondent.

The respondent appeals with permission against the decision of the First-tier Tribunal promulgated on 3 December 2012 allowing the claimant�s appeal against the respondent�s decision made on 17 August 2012 to refuse to revoke a deportation order against him.

I make an anonymity order protecting the identity of the claimant�s children and prohibiting the publication of any details permitting their identification.

The claimant is a citizen of the Democratic Republic of Congo (�DRC�) who arrived in the United Kingdom on 12 September 1994 to join family here. On 25 August 1999 he was granted indefinite leave to remain as the dependant of his mother. His case is that he has two children: a son born in 2004 who lives with his mother, and a daughter born in 2012 who lives with him and his partner. His partner is also a citizen of the DRC settled here; their child is a British Citizen.

The respondent refused to revoke the deportation order, considering that the requirements of paragraph 399(a) were not met, as his son�s mother (his ex-partner) could look after the child. She considered also that while it would be in the interest of the son to have regular contact with his father, this could be continued by modern means of communication [28] and that the child�s best interests were outweighed by the public interest in deporting the claimant.