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The circumstances of this appeal are somewhat unusual in that the Appellant has already been deported to Nigeria.
The Appellant was sentenced to 8 months and 12 months imprisonment, to be served concurrently.
Further submissions were made on the Appellant's behalf once he had been removed leading to a decision on 13th May 2013 refusing to revoke the deportation order.
It is not the decision to deport him nor is it Judge Frankish�s determination which is before me. This is an appeal to the Upper Tribunal in relation to the decision of Judge Colyer to dismiss the Appellant�s appeal against a decision not to revoke the deportation order.
Mr Draycott submitted that this was a finely balanced appeal. The First-tier Tribunal had not given sufficient attention to s.55 and neither had Judge Frankish in the earlier decision. He quoted from the President of the Upper Tribunal�s decision in JO & Ors (section 55 duty) Nigeria [2014] UKUT 517 (IAC) from January 2012 indicating that section 55 had to be grappled with.
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