RP000932017

I make an anonymity order pursuant to Rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008. Unless and until a Tribunal or court directs otherwise, the Appellant is granted anonymity. No report of these proceedings shall directly or indirectly identify him or any member of his family. This direction applies both to the Appellant and to the Respondent. Failure to comply with this direction could lead to contempt of court proceedings.

The Secretary of State appeals with permission against the decision of the First-tier Tribunal (Judge Pooler) promulgated on the 24 th January 2018. Whilst the appellant in these proceedings is the Secretary of State, for ease of reference I continue to refer to the parties as they were before the First-tier Tribunal.

There is also a cross appeal brought by the appellant who, in grounds settled on the 6 th February 2018, seeks to challenge the decision to dismiss the appeal on Article 8 grounds. However in his submissions Mr Uddin on behalf of the appellant stated that if the Secretary of state's appeal was dismissed and the decision of Judge Pooler was to stand, then it would not be necessary to consider the grounds relating to Article 8.

The factual background is set out in the decision of Judge Pooler. The appellant is a citizen of Somalia, born in 1966. He arrived in the UK on 27 th September 2001 and claimed asylum. His application for asylum was granted on the 3 rd December 2001 and granted leave to remain following his recognition as a refugee.

On the 30 th July 2015, the appellant was convicted of four counts of making or supplying articles for the use in fraud and on the 28 th August 2015 he was sentenced to 14 months imprisonment concurrently for each count. He and his wife were co-defendants and the circumstances of the offending are set out in the sentencing remarks of the Circuit Judge and recorded at paragraph 4 of the First-tier Tribunal's decision.