The Home Office served the Appellant on the 14th of September 2014 a Deportation Order under Section 5(1) of the Immigration Act 1971 due to his criminal conviction. The Appellant was convicted of fraud and was sent to prison for 36 months.
The Appellant had lived in the UK at the time of the deportation order for more than 20 years, was legally married and had 2 children with his partner. The order was issued for the Appellant to be removed from the UK.
Outcome of the matter
The Appellant contacted ICS Legal for legal representation following the deportation order being served and the Appellant was granted a right to appeal against the decision. Following the lodging of the appeal, this was first scheduled on a case management review on the 26th Oct 2012 at the First Tier Tribunal in Taylor House.
The allegations raised by the Home Office in respect to the Appellant's criminality was serious, given that it was related to fraud and the matter was before First Tier Tribunal Judge on the 3rd of January 2013 at IAC Taylor House.
ICS Legal represented the Appellant, and served to all interesting parties our appeal bundle. In this submission, we put forward our legal grounds and evidences, to demonstrate that the Appellant had established a strong family & private life, as he had lived in the UK since June 1985. We presented the Tribunal with evidences of family life with his partner & their 2 children including the impact it would have to both the family & their children if he was removed from the UK.
As a deportation order is lifetime ban and can only be lifted through an application, it meant that the Appellant if removed would not be allowed to enter the UK or even submit an application. We presented the Tribunal Judge with evidences the impact it would have to the children and that the Tribunal Judge, should make this as a primary consideration.
At the date of the appeal hearing, the Home Office conceding on the appeal and withdraw from the appeal in light of the representation & evidences.
As a result of the withdrawal, the Appellant was granted leave to remain in the UK as his deportation order was "quashed".
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