OA101142015

The appellant is the subject of a deportation order made on the basis that he is a foreign criminal who must be deported. His appeal against that decision was heard by the First-tier Tribunal and, in a decision promulgated on 27 February 2017, was allowed on human rights grounds.

The Secretary of State appealed against that decision, with permission, and in a decision promulgated on 18 December 2017 I set aside the decision of the First-tier Tribunal for it to be remade. The reasons for doing so are set out in the decision of 18 December 2017, a copy of which is annexed to this decision.

The findings of fact of the First-tier Tribunal are preserved but the task now before me is to consider whether on the basis of those facts and any new evidence brought before me, the effect of deportation is unduly harsh on the appellant's partner and children, that is, whether the provisions of the Immigration Rules are met and if not whether the decision is nonetheless a disproportionate interference with in the appellant's Article 8 rights.

Ms R said it was particularly difficult in explaining to a 4 year old why his father could not come back to him and that this had caused difficulties with his nursery school in that he had been approaching other fathers and hugging them, causing distress. She has as a result decided to collect him early from nursery to avoid this scenario.

Miss Royal said also that her husband felt that he had failed as a father given the situation that now existed between him and his children and that he felt that his state of mind was slipping and he did not appear as stable as he had in the past.