IA044422015

This matter comes before me pursuant to permission having been granted by First-tier Tribunal Judge Grant-Hutchinson dated 28 July 2015. The appeal relates to a decision of First-tier Tribunal Judge Heynes promulgated on 13 May 2015. The Judge at the First-tier Tribunal had dismissed the Appellant's appeal against the Respondent's decision to deport the Appellant pursuant to Regulation 19 of the Immigration (European Economic Area) Regulations 2006 and to refuse to issue a residence card as the family member of an EEA national exercising treaty rights. The protection claim was also dismissed.

The Judge had considered the written and oral evidence of the Appellant and his wife, an EEA national. At paragraph 20 of the Judge's decision the Home Office Presenting Officer is noted to have accepted that the relationship was genuine and that the Appellant's wife was exercising treaty rights. The Appellant had three children, one from a previous relationship and thereafter twins born in March 2015 with his wife.

The Appellant had been convicted of a serious offence involving Possession of Class A drugs with intent to supply. He was given a sentence of 36 months imprisonment (32 months in some of the documents).

The Judge considered the Appellant's claim for asylum and concluded that it was a complete fabrication and dismissed it. The Appellant's representative had not made submissions in respect of asylum or Articles 2 and 3 of the European Convention on Human Rights.

The Judge concluded that there were clear grounds based on public policy and security grounds in respect of the Regulations as to why the Appellant had to be deported and why the decision to refuse him a residence card were the correct and proportionate decisions.