UI2022006177

             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 Cristu. However, for ease of reference, in the course of this decision I adopt the parties' status as it was before the FtT. I refer to Mr Cristu as the appellant, and the Secretary of State as the respondent.

             The appellant is a national of Romania. On 12 February 2020 he was served with a Notice that he may be liable to deportation pursuant to the Immigration (European Economic Area) Regulations 2016 ("the 2016 Regulations"). The appellant was informed that the respondent considered the appellant's deportation may be justified because between 3 January 2020 and 28 January 2020 he had been convicted of two offences in the United Kingdom, that were committed within three months of entering the United Kingdom on 26 November 2019.

             The respondent also noted that on 28 January 2020 at Cambridgeshire Magistrates Court the appellant was convicted of theft. He committed that offence on 16 December 2019 and was sentenced to 2 months imprisonment. The respondent provided the appellant with an opportunity to set out any reasons he relies upon as to why he should not be deported. The appellant did not respond.

             On 1 May 2020 the respondent made a decision to make a deportation order. The respondent concluded the appellant's deportation is justified on grounds of public policy in accordance with regulation 23(6)(b). The respondent concluded the appellant poses a genuine, present and sufficiently serious threat to the interests of public policy if he were to be allowed to remain in the United Kingdom and that his deportation is justified, proportionate and in accordance with the principles of Regulations 27(5) and (6).

             On the 17August 2020 the appellant was released on immigration bail, having served the custodial part of his sentence. However, he appears to have then breached the terms of the restraining order and was recalled to prison, still being subject to licence conditions. He was subsequently convicted of breaching the terms of the restraining order on 12 November 2020 and sentenced to a further 4 months immediate imprisonment. He was then served with a deportation notice on 13 December 2020 and was subsequently deported.