IA187652014

The first appellant is an Albanian national born on 10 January 1981. He claimed to have first arrived in the United Kingdom as a minor in 1998 and applied for asylum which was refused in 2000. He was therefore removed to Albania in 2004. However no records exist in relation to that matter and the respondent does not accept that as a matter of fact.

However, he was granted entry clearance into the United Kingdom on 25 October 2005 on EEA family permit to join his then wife, a Swedish national. He was granted an EEA residence card as a non-EEA national in July 2006 valid until July 2011.

On 28 January 2008 the appellant was convicted at Inner London Crown Court of possession of cocaine with intent to supply. The sentencing judge's remarks are quoted at page 4 of the respondent's letter of 29 April 2009 setting out the reasons for a deportation order. It is clear that the sentencing judge viewed the appellant as a commercial supplier having all the trappings of a commercial drug dealer. He was found with £1,200 in his car, £685 cash at home, 50 grammes of cocaine, digital scales, plastic bags and cling film. The appellant was sentenced to three years imprisonment.

A deportation order was then made upon him which was intimated by letter of 29 April 2009. His appeal against that deportation was dismissed on 10 June 2009 and shortly thereafter he was deported. However he re-entered the United Kingdom sometime in that same year in breach of that order.

He was divorced from his Swedish wife in June 2011 but then submitted an application for EEA permanent residence on the basis of retained rights of residence. That application was refused in January 2014.