UI2023003187 & UI2023003188

          The Secretary of State appeals with the permission of First-tier Tribunal Judge Monaghan against the decision of First-tier Tribunal Judge Groom ("the judge"). By her decision of 23 May 2023, the judge allowed Mr Torto's appeal against the respondent's decision to refuse his human rights claim. That claim was prompted by the Secretary of State having decided to deport the Mr Torto from the United Kingdom as a foreign criminal, following his conviction for being concerned in the evasion of the prohibition on importing Class A drugs.

          To avoid confusion, I will refer to the parties as they were before the First-tier Tribunal: Mr Torto as the appellant, the Secretary of State as the respondent.

           The appellant's full immigration history was set out at [5]-[19] of the respondent's decision. It suffices for present purposes to mention only the following details.

           The appellant's date of entry to the UK is not known, although it is known that he had unsuccessfully applied for entry clearance on two occasions in 2004. In 2010, he was granted a residence card as the spouse of an EEA national. He was granted a further residence card in March 2017. On 14 January 2020, he was granted Indefinite Leave to Remain under Appendix EU of the Immigration Rules.

           The appellant was convicted of the index offence, on his plea of guilty, at Luton Crown Court on 14 January 2022. On 10 February 2022, he was sentenced by Ms Recorder Powell QC to five years and seven months' imprisonment. I need say little about the facts of the offence. The appellant had arranged for just over three kilogrammes of cocaine to be delivered from Holland to an address in Luton. He had collected the cocaine from that address and had driven it to his home, where he was arrested.