RP001592017

This is an appeal, by the respondent to the original appeal, against the decision of the First-tier Tribunal (Judge Fiona Beach), sitting at Taylor House on 28 September 2018, to allow a revocation of protection appeal by a citizen of Kosovo, born 1972.

The appellant came as a visitor in 1991, overstayed and in 1992 claimed asylum, which was granted in 1997, followed by indefinite leave to remain in 1999. He has a long-standing partner, [VD], also from Kosovo, but now a British citizen, and they have twin daughters, V1 and V2, born here on 27 May 2006. In 2002 the appellant himself applied for British citizenship, but failed to reply to Home Office inquiries, so was refused the following year.

This sentence was followed on 22 July 2016 by a notice of intention to deport, to which the appellant replied on 28 August. Next, on 5 October, came notice of the Home Office's intention to apply the presumption set out in s. 72 (2) of the Nationality, Immigration and Asylum Act 2002 , allowing for his expulsion despite the grant of asylum. On 16 August 2017 the UNHCR indicated that they had no objection to this course being taken, subject to a full examination of the appellant's individual case, and on 28 October 2017 a deportation order was signed, and sent with full reasons on the 30 th .

"As a result of KO (Nigeria) , the position is that, in determining whether Exception 2 (in section 117C(5)) applies, a court or tribunal is not to have regard to the seriousness of the offence committed by the person who is liable to deportation."

"76. it would be unduly harsh for the appellant's partner to stay here without him; but it would not be unduly harsh for her to return to Kosovo with him;