UI2023002387

             The Secretary of State appeals with permission against the decision of First-tier Tribunal Judge Brannan promulgated on 30 May 2023, allowing the respondent's appeal against the decision of the Secretary of State made on 18 July 2022 to deport him from the United Kingdom as a foreign criminal.

             The respondent's history is set out in the decision of Judge Brannan. It is unnecessary to repeat it here but in brief, on 3 April 2020 the appellant made a further application for leave to remain under the parent route.

             On 16 March 2021 the appellant was convicted following a guilty plea of seven counts of fraud, for which he was, on 29 March 2021, sentenced to fifteen months' imprisonment.

             The Secretary of State accepted the respondent has five British citizen children with whom he has a genuine and subsisting parental relationship and that their mother has systemic lupus erythematosus. It was not, however, accepted that the respondent was the primary carer for the children, provided for them financially and met their daily care needs, took them to or from school, attended school meetings; or, that his partner was reliant on him or physically disabled by her medical condition.

             The judge also found that the respondent, his partner and their children all live together and have done throughout the respondent's residence in the United Kingdom from 2009. He also found that the respondent is the coparent and is important in the day-to-day care of the children, the eldest daughter having to take on household responsibilities including shopping, cooking and cleaning when he was in prison and that this impacted on her education. The judge directed himself in respect of the law [39] to [45].