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             The Respondent Mr Muzangi is a national of the Democratic Republic of Congo born on the 2 nd September 1963. The Secretary of State has made a deportation order against him because he is a foreign criminal. On the 2 nd February 2024 the First-tier Tribunal (Judge Hollings-Tennant) allowed the Respondent's appeal against that decision on human rights grounds. The Secretary of State now appeals against that decision.
             The facts relied upon by the Secretary of State are not in contention. Mr Muzangi has two convictions for handling stolen goods. In 2003 he received a sentence of 15 months, wholly suspended, and then in 2017 he did it again: this time he was sent to prison for 2 years. He is therefore a foreign criminal as defined by s32 of the UK Borders Act 2007, and insofar as he relies on Article 8 is to be regarded as a 'medium offender': s117C Nationality Immigration and Asylum Act 2002.
             On these facts Judge Hollings-Tennant was asked to decide, inter alia , whether the decision to deport would place the UK in breach of either Article 3, or Article 8 [1] .
             The appeal was thereby allowed with reference to both Articles 3 and 8.
             The Secretary of State contends that the decision of the First-tier Tribunal is flawed for two central errors of law:
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