IA104242014

The Secretary of State appeals to the Upper Tribunal the decision of the First-tier Tribunal allowing the claimant�s appeal against the decision by the Secretary of State to refuse to grant her leave to remain on the grounds of long residence. The First-tier Tribunal did not make an anonymity direction, and I do not consider that such a direction is warranted for these proceedings in the Upper Tribunal.

While the application was pending, the claimant was convicted at Woolwich Crown Court on 12 June 2013 of obtaining pecuniary advantage by deception on 23 May 2005 in contravention of Section 16(1) of the Theft Act 1968. She was sentenced to a term of imprisonment of eighteen weeks.

On 14 January 2014 the Secretary of State gave her reasons for refusing the claimant�s application for ILR, and for making directions for her removal as an illegal entrant.

She also fell foul of paragraph 322(1C)(iii) which provided that an application for leave to remain or variation of leave to enter or remain in the United Kingdom should normally be refused where, inter alia, the applicant had been convicted of an offence for which they have been sentenced to a term of imprisonment of less than twelve months, unless a period of seven years had passed since the end of the sentence.

The SSHD went on to consider whether the claimant had a viable family or private life claim under Appendix FM or Rule 276ADE of the Rules. She did not, inter alia, satisfy the requirement of having lived continuously in the UK for less than twenty years (discounting any period of imprisonment) but having no ties to the country to which she would have to go if required to leave the UK. She also fell foul of paragraph S-LTR1.6 as her presence in the UK was not conducive to the public good because her recent criminal conviction made it undesirable to allow her to remain in the UK.