UI2022004392

             The appellant in the appeal before me is the Secretary of State for the Home Department ("SSHD") and the respondent to this appeal is Mr Kingsley Manyo. However, for ease of reference, in the course of this decision I continue to adopt the parties' status as it was before the FtT. I refer to Mr Manyo as the appellant, and the Secretary of State as the respondent.

             The appellant is a national of Italy. He claims to have arrived in the UK on 1 February 2016. On 25 April 2017 he was granted an EEA Registration Certificate. On 11 October 2018 he was convicted at Warwick Crown Court, of Robbery, Possession of a knife/blade/sharp pointed article in a public place, and possession of a controlled drug, Class B-Cannabis. On 7 July 2020 he was sentenced to a total of 3 years 10 months imprisonment.

             On 27 January 2022, a decision was made to make a deportation order in respect of the appellant by virtue of section 32(5) of the UK Borders Act 2007. A decision was also made to refuse the appellant's human rights claim. The appellant's appeal against that decision was allowed on human rights grounds by First-tier Tribunal ("FtT") Judge Cartin for reasons set out in a decision promulgated on 16 June 2022.

             The respondent was granted permission to appeal by Upper Tribunal Judge Perkins on 8 November 2022.

             The respondent's appeal was allowed by a Presidential panel and for reasons set out in our 'error of law' decision issued on 14 September 2023, we set aside the decision of FtT Judge Cartin. We considered the important question of the regime that applies where the decision of the respondent concerns an EEA national, but the decision made by the respondent is made under the Immigration Act 1971 and UK Borders Act 2007. We determined: