UI2024001711

      This is the re-making of the decision in the appellant's appeal against the respondent's decision of 9 April 2023, refusing to revoke a deportation order made on 20 March 2014, pursuant to regulation 19(3)(b) of the Immigration (European Economic Area) Regulations 2006 ("the 2006 Regulations").

      On 11 July 2022, the appellant left the United Kingdom to visit Poland. He attempted to re-enter this country through France on 16 July 2022, using a passport in the name of Kewin Milosz Grabowski, but was refused leave to enter on the basis that he was the subject of an extant deportation order and that he had dishonestly attempted to re-enter in breach of it. The appellant was returned to Poland and has resided there ever since.

      On 3 October 2022, the appellant's representative submitted an application for the revocation of the deportation order. In summary, the application asserted that the appellant had changed his life since the index offences and had established strong ties in United Kingdom between 2015 and July 2022. It was said that the appellant had a good employment record in this country, together with a strong relationship with PM and IM. No further offences had been committed since 2011.

      The respondent accepted the application as having been made pursuant to regulation 34 of the Immigration (European Economic Area) Regulations 2016 ("the 2016 Regulations"), as saved and modified following the United Kingdom's exit from the European Union. For present purposes, this provides as follows:

(3)   A person who is subject to a deportation... order made on the grounds of public policy, public security or public health in accordance with regulation 27 may only apply to the Secretary of State to have it revoked on the basis that there has been a material change in the circumstances that justified the making of the order.