RP000142016

The Secretary of State appeals, with permission, against a decision of Judge of the First-tier Tribunal McIntosh, who in a determination promulgated on 24 April 2017 allowed the appeal of SN against a decision dated 11 February 2016, of the Secretary of State to deport him under the provisions of Section 32(5) of the UK Borders Act 2007.

The appellant is a citizen of Zimbabwe who was born in May 1977. He arrived in Britain on 29 January 2002 at the age of 24 and claimed asylum. He was interviewed and granted refugee status on 18 March 2002. 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 SN as the appellant as he was the appellant in the First-tier.

The judge heard evidence from the appellant with regard to his claim to asylum. She noted that he had received threats of violence in Zimbabwe from ZANU-PF as he had joined the MDC and was a member of that party. Adverse attention had also been brought on him because of what he had said in an address at his brother's funeral. He had stated that he was also at risk because of his father's role with the ZIPRA, which had been targeted by those who had supported ZANU-PF.

The appellant's evidence regarding his private and family life was that he had met his wife, Mrs SLN in 2006. They have three children, all born in Britain the eldest was born on 4 April 2005, the second child was born on 25 January 2008 and the third on 12 July 2012. The children, as is the appellant's wife, are British, his wife who was born in Zimbabwe entered Britain in 1993 at the age of 15 and is naturalised.

The judge considered in some considerable detail the appellant's crime taking into account the sentencing remarks of His Honour Judge Mayo as well as the OASys assessment which had been completed on 25 May 2016. She noted that that report had been based solely on the account given by the appellant to the writer. She noted the appellant's case that he is rehabilitated and had tried to use his time in prison to gain skills which could be used in the community and moreover that he had maintained constant contact with his wife and children.