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      This is an appeal by the Secretary of State for the Home Department against the decision of First-tier Tribunal Judge Burnett to allow an appeal by Fabio Paulo against a decision, dated the 21 st August 2021, to refuse his human rights claim. For ease of exposition, we shall refer to the parties in accordance with their status before the First-tier Tribunal; that is to say, Fabio Paulo as 'the appellant', and the Secretary of State as 'the respondent'.
      We do not make an anonymity order. The appellant's name is already in the public domain consequent upon the various criminal proceedings that have been brought against him, together with the fact that no such order was made by the First-tier Tribunal. It would thus serve no useful purpose to make an anonymity order at this stage, and we are in not in any event satisfied that there is an applicable exception to the general rule of 'open justice'.
      To disentangle the issues that arise for determination in this appeal, it is first necessary to set out its background in some detail.
      The appellant is a citizen of Portugal who was born on the 14 th January 1995. He claims - albeit that the respondent does not accept - that he arrived in the United Kingdom as a child in 2010. He was cautioned in 2012 for an offence of theft, was made the subject of referral order in 2012 for an offence of attempted robbery, and was sentenced on the 24 th August 2020 to a total of 42 months' imprisonment for two offences of possession of class A drugs (heroin and cocaine) with intent to supply.
      On the 12 th November 2020, the respondent served the appellant with written notice that he was considering deporting the appellant under the Immigration (European Economic Area) Regulations 2016, giving him 20 days to explain why such an order should not be made. At the same time, the respondent served the appellant with notice under section 120 of the Nationality, Immigration and Asylum Act 2002 requiring him to state any grounds that he may have for remaining in the United Kingdom.
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