UI2023002476

             The parties are referred to herein as they were before the First-tier Tribunal.

             By the decision of the Upper Tribunal issued on 6.10.23, the respondent has been granted permission to appeal to the Upper Tribunal against the decision of the First-tier Tribunal (Judge Farrelly) promulgated 15.2.23 allowing the appellant's appeal against the respondent's decision of 12.9.18 to deport him from the UK following his conviction and imprisonment for a total term of 7 years' imprisonment for fraud offences.

             In granting permission, Upper Tribunal Judge Owens considered it arguable " that the judge did not make a finding as to whether the appellant constitutes a genuine, present and sufficiently serious threat to the fundamental interests of society and did not properly grapple with those factors set out at Schedule 1 of the EEA Regulations 2016. It is also at least arguable that the judge did not take into account factors that weighed against the appellant in the proportionality assessment ."

             Following the helpful submissions of both legal representatives, I reserved my decision to be provided in writing, which I now do.

             The first of the respondent's grounds argues that the First-tier Tribunal failed to provide adequate reasons for findings on a material matter. In particular, it is asserted that " The FTTJ fails to (make) a finding that the appellant does not pose a genuine, present and sufficiently serious threat to the fundamental interests of society. The FTTJ fails to have regard to the provisions of Schedule 1 of the EEA Regulations 2016 which set out the fundamental interests of society . "