UI2023002681

              Although this is an appeal by the Secretary of State, I shall refer to the parties as they were in the First-tier Tribunal. The appellant is a citizen of Albania born on 11 November 1989. Her appeal against the refusal to revoke a deportation order was allowed on human rights grounds by First-tier Tribunal Judge R Sullivan ('the judge') on 10 June 2023.

              The appellant arrived in the UK in 2011 on a forged French passport. She was convicted of using a false document and sentenced to 12 months' imprisonment. A deportation order was signed on 31 March 2011 and the appellant was deported to Albania in August 2011.

              The appellant subsequently re-entered the UK in breach of the deportation order. Her first child was born in 2014 and she applied for leave to remain on the basis of family life in November 2017. Her second child was born in 2019 and her appeal against the refusal of leave to remain was allowed. In November 2019, the Upper Tribunal set aside this decision and remade it, dismissing the appellant's appeal.

              In December 2019, the appellant applied for revocation of the deportation order. On 11 March 2020, she was granted leave to remain in the UK and issued with a biometric residence permit. The appellant travelled to Albania with her family for a holiday in February 2022. She was denied entry to the UK on 5 March 2022 by reason of the deportation order and her leave to remain was cancelled on 11 March 2022. The appellant has been in Albania since 18 February 2022.

              The appellant's application for revocation of the deportation order was refused on 28 April 2022 and her appeal came before the First-tier Tribunal on 25 May 2023. The judge found the respondent's claim to have received the application for revocation on 24 April 2022 was factually inaccurate and was not indicative of a reliable system underpinning immigration control.