UI2023003028

       This is an appeal by the Secretary of State for the Home Department against the decision of the First-tier Tribunal allowing Mr Rasikas's appeal against the respondent's decision to make a deportation order against him in accordance with regulation 27 of the Immigration (European Economic Area) Regulations 2016 ("the EEA Regulations"), as saved by the Citizens' Rights (Restrictions of Rights of Entry and Residence)(EU Exit) Regulations 2020.

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

       The appellant is a citizen of Lithuania, born on 27 March 1992, who first entered the UK in June 2009 at the age of 16/17 years. He left the UK for 9 months after his partner gave birth to their daughter on 14 April 2014, returning in April 2015 with his partner and child. He made an application under the EU Settlement Scheme (EUSS) which was rejected in 2019 but he was granted indefinite leave to remain under the EUSS on 27 April 2020.

       The appellant amassed 4 convictions for 10 offences between 7 February 2017 and 17 February 2021 and was convicted on 17 February 2021 of possessing an offensive weapon in a public place, possessing a firearm with intent to cause fear of violence and wounding/ inflicting grievous bodily harm. He was sentenced to a total of 2 years and 8 months' imprisonment.

       On 23 April 2021 the appellant was issued with a stage 1 liability to deportation decision, pursuant to the EEA Regulations 2016, to which he responded on 24 May 2021, making representations and providing supporting evidence.