RP001572016

Mr [D] is a citizen of Vietnam who was born in 1973 and is therefore 45 years old. On 3 November 2016, the SSHD made a decision to deport him to Vietnam. In a decision dated 27 July 2017, I found that the decision of the First-tier Tribunal ('FTT') allowing the appeal on Article 8 grounds dated 17 January 2017, contained an error of law and should be remade by me. I now remake the decision.

Mr [D] arrived in the United Kingdom ('UK') when he was a 13-year-old child, in 1986 on a settlement/refugee visa, together with his family, as one of the 'boat people'. The difficult and traumatic circumstances of the 'boat people' are well known. They were granted leave to enter for an indefinite period. He has therefore been in the UK for 32 years alongside his parents and siblings (three sisters and two brothers), with settled status.

Mr [D] has been convicted of a range of criminal offences between 1995 and 2007. More recently, in 2012, he was sentenced to two years and three months imprisonment for the production of cannabis. He has explained that his offending took place at a time when he was young and with drug, alcohol and gambling dependencies. Since his release from prison in February 2013, he has not reoffended.

At the beginning of the hearing Mr Ell clarified that given the FTT's preserved findings, the only ground relied upon to challenge Mr [D]'s deportation is Article 8 of the ECHR. Both representatives agreed that the only remaining issues in dispute, relevant to Article 8, given the preserved findings of the FTT together with the updated evidence available to me, are as follows:

(ii) if not, are there 'very compelling circumstances' to nevertheless justify allowing the appeal on Article 8 grounds?