OA039152014

The Secretary of State appeals, with permission, against a decision of Judge of the First-tier Tribunal Youngerwood, who in a determination promulgated on 20 November 2014 allowed the appellant�s appeal against a decision of the Secretary of State to refuse to grant him leave to enter after he had been deported to Sierra Leone in March 2014. Judge Youngerwood had concluded that the appellant�s appeal should succeed under the provisions of Section 117C Exception 1 of the Nationality, Immigration and Asylum Act 2002, as amended.

Although the Secretary of State is the appellant before me I will for ease of reference refer to her as the respondent as she was the respondent in the First-tier. Similarly, I will refer to AAK as the appellant as he was the appellant in the First�tier.

On 30 April 2011 he was convicted of a further offence of assaulting a police officer and sentenced to 84 days imprisonment. It appears that before that offence he had committed six further offences including several counts of possession of cannabis and cannabis resin. In November 2012 he was convicted of criminal damage.

The appellant appealed that decision and his appeal was heard by the First-tier Tribunal in July 2013. The appeal was dismissed.

The appellant then appealed to the Upper Tribunal. Permission having been granted his appeal came before me and Upper Tribunal Judge Renton on 17 October 2013. We found that there was no material error of law in the determination of the First-tier Tribunal and that the decision of the First-tier Tribunal should stand.