UI2022004162

             On 30 January 2020, the respondent decided to make a Deportation Order pursuant to the EEA Regulations 2016. The appellant's appeal against that decision was dismissed by First-tier Tribunal Judge Fox for reasons set out in a decision promulgated on 29 June 2022.

             The appellant claims, in summary, that Judge Fox; (i) failed to have regard to or apply the relevant legal test such as to amount to a material misdirection of law on a material matter, and (ii) made perverse or irrational findings.

             The appellant claims Judge Fox irrationally or perversely made a number of findings that on their own, or taken together, amount to a material error of law. The criticisms made are set out at paragraphs [7] to [14] of the Grounds of Appeal. Furthermore, the appellant claims the judge failed to consider the appellant's social circumstances, both at the time of his offending, and now.

            Permission to appeal was granted by Upper Tribunal Judge Kebede on 5 November 2022. She said:

"There is arguable merit in the assertion in the grounds that the judge erred in his application of the relevant legal test and in his consideration of regulation 27(5) of the EEA Regulations 2016 in the terms set out in the first ground, in particular in regard to the proportionality issue. With regard to the second ground, whilst it may be difficult for the challenge to meet the high threshold of perversity, it is nevertheless arguable that there was a lack of adequate reasoning in the judge's findings."