RP000792019

There appeals proceeds on Grounds 2 and 3 only; Ground 1 is no longer pursued. The judge correctly summarised his task in the appeal at [20]; to determine whether the appellant had been convicted of a particularly serious crime and, secondly, whether he would be a danger to the community in the United Kingdom (see paragraph 339AC of HC 395 (as amended) and section 72 of the 2002 Act). He concluded [24] that the appellant had been convicted of a particularly serious crime. However, he found [26-30] that the appellant did not constitute a danger to the community.

I find that the judge's analysis is unclear and that the decision is vitiated by legal error. I set aside the decision. More than a year has elapsed since the First-tier Tribunal's decision and further fact-finding may be required before the decision is remade. Consequently, the appeal is returned to the First-tier Tribunal for that Tribunal to remake the decision after a hearing. The finding (which has not been challenged by the appellant) that the appellant was convicted of a particularly serious offence is preserved. All other findings are set aside.

The decision of the First-tier Tribunal is set aside. Save as stated at [5] above, the findings are set aside. The appeal is returned the First-tier Tribunal for that Tribunal to remake the decision.

LISTING DIRECTIONS: first available date; Hatton Cross; not Judge Lemer; First-tier Tribunal to determine if face to face or remote; 2 hours; Farsi (Iranian) interpreter

Direction Regarding Anonymity - Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008