IA163612012

For the Appellant: Ms G Loughran, Counsel, instructed by Sutovic & Hartigan Solicitors

This is an appeal against the decision of Judge of the First-tier Tribunal Lenier (FtJ), promulgated on 11 October 2016, dismissing the appellant's appeal against the respondent's decision of 05 July 2012 to make a deportation order against him.

On 15 December 2014 the FTT allowed the appellant's appeal against the respondent's decision to make a deportation order. The respondent successfully appealed this decision to the Upper Tribunal and the case was remitted to the First-tier Tribunal for rehearing, which occurred on 08 August 2016.

Having regard to the appellant's unemployment since 2010 the FtJ found it unlikely that he would be capable of regular employment and that he was likely to struggle with finding and keeping employment in Kosovo given the regular relapses in his mental health [98] and [134]. Despite a number of inconsistencies in the appellant's account the FtJ accepted that he had not been in contact with his parents for 6 years [100].

The FtJ did not accept that much family support would be available and that if it was initially offered it may well crumble given the extent of the appellant's needs [130] to [131]. The FtJ accepted that there was a risk of the appellant manifesting inappropriate sexual behaviour towards women [136], that there was a significantly increased likelihood of offending in Kosovo due to the lower level of mental health support, and that if he did approach women whilst in a psychotic and disinhibited state there would be a risk of others reacting in an angry or violent way to him [138].