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The application for permission to appeal was made by the Secretary of State for the Home Department but nonetheless I shall refer to the parties as they were termed before the First-tier Tribunal that is the appellant Mr Leos Jones and the respondent the Secretary of State for the Home Department.
The appellant appeals under the Immigration (European Economic Area) Regulations 2006 (the EEA Regulations) and the Nationality, Immigration and Asylum Act 2002 against the decision to refuse entry to the UK under Regulation 19 of the EEA Regulations. The decision was made on 4 th December 2013 in the following terms:
�You have sought admission to the United Kingdom under EC law in accordance with Regulation 11 of the Immigration (European Economic Area) Regulations 2006 on the ground that you are a Czech national. However I am satisfied that your exclusion is justified on grounds of public policy because sixteen clandestine entrants were found in the trailer of the vehicle of which you were the driver and it is believed that, to a high degree of probability, it is unlikely that you were unaware of their presence.
I therefore �[sic] you admission to the United Kingdom in accordance with Regulation 19(2).�
An appeal was heard on the papers by First-tier Tribunal Judge Cresswell and a determination was promulgated on 30 th June 2014 allowing the appeal.
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