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              The appellant appeals against a decision of the Secretary of State to make a deportation order against him on 12 May 2022 and made a deportation order against him.
             He is a citizen of Lithuania. He arrived in the United Kingdom in 2006 and, along with his wife and elder son. He had resided here first in 2000 but left voluntarily following a conviction for drink driving in 2001. He returned in 2002 for some three to four months but arrived in 2004 to live permanently. On 16 January 2007 he and his family were issued with EEA registration certificates. It is his case that he has remained here since then, living in accordance with the EEA Regulations.
             In 2021 the appellant pleaded guilty to conspiracy to steal and to an offence under Section 327 of the Proceeds of Crime Act 2002 when he received concurrent sentences of three years and ten months' imprisonment.
             The appellant's wife has been resident in the United Kingdom since 2007 and has, since 2009, been continuously employed.
             On 26 July 2021, subsequent to the conviction, the Secretary of State invited representations from the appellant as to why he should not be deported. These were made on 24 August 2021 and on 21 September 2021 he made an application under Appendix EUSS of the Immigration Rules.
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