OA039452014

The appellant is a citizen of Jamaica, born on 27 December 1976. He has been given permission to appeal against the decision of First-tier Tribunal Judge Colyer, dismissing his appeal against the respondent's decision to refuse to revoke a deportation order previously made against him on 1 December 2013.

The appellant first arrived in the United Kingdom on 11 August 2001 and was granted leave to enter as a visitor until 9 September 2001. He returned to Jamaica on 8 September 2001 and came back to the UK on 29 March 2003 in possession of a visit visa valid until 24 September 2003. On 26 July 2003 he married [CM] in the UK. He returned to Jamaica and came back to the UK on 23 November 2003 with entry clearance as a spouse valid until 21 November 2005. Applications for further leave to remain were refused.

On 11 November 2010 the appellant was convicted of possession of Class A drugs with intent to supply and on 26 November 2010 he was sentenced to three years and six months imprisonment, on four counts. On 1 February 2011 he was served with a Notice of Liability to Automatic Deportation. He responded with representations based on Article 8 of the ECHR. A Deportation Order was signed against him on 1 February 2013. On 8 February 2013 a decision was made to deport him.

The appellant appealed against that decision. His appeal was heard on 12 June 2013 and was dismissed in a determination promulgated on 28 June 2013. Permission to appeal to the Upper Tribunal was refused and the appellant became appeal rights exhausted on 13 August 2013. An application for permission to bring judicial review proceedings was refused in November 2013.

The appellant lodged judicial review proceedings against the decision of 2 February 2014. Permission was refused on the papers on 21 February 2014 and the application was renewed to an oral hearing but then withdrawn at a hearing on 8 May 2014 on the basis that the appellant had since been removed from the UK, with an out of country right of appeal.