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            This is a remaking, under section 12(2)(b) (ii) of the Tribunals, Courts and Enforcement Act 2007, of the First-tier Tribunal decision of 4 November 2023 to allow the Appellant's human rights appeal under s 82(1)(b) Nationality, Immigration and Asylum Act 2002 ("2002 Act"). On 25 June 2024 Upper Tribunal Judge Smith and Deputy Upper Tribunal Judge Shepherd set aside that decision because it contained an error of law. Their error of law decision is attached in the annex below.
             As established in HA & RA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 , Part 5A of the Nationality, Immigration and Asylum Act (NIAA) 2002 provides a complete code for assessing the Appellant's Article 8 claim. S.117B is always applicable. Whether s.117C applies depends on whether the appellant meets the definition of a foreign criminal in s.117D(2).
             S.117C sets out the considerations in cases involving foreign criminals as follows:
(2) The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal.
(3) In the case of a foreign criminal ("C") who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies.
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