United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments

Upper Tribunal

(Immigration and Asylum Chamber) Appeal Number: IA/10957/2014

 

THE IMMIGRATION ACTS

 

Heard at Field House	Decision & Reasons Promulgated
On 8 May 2018	On 11 May 2018

 

Before

 

UPPER TRIBUNAL JUDGE PITT

 

Between

 

IPC

Appellant

 

and

 

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

Respondent

 

 

DECISION AND REASONS

 

1.              This is appeal has been remitted to the Upper Tribunal by the Court of Appeal in order for a decision to be made on whether the appellant, notwithstanding her criminal conduct, qualifies for a residence card showing her to have derivative residence rights as the primary carer of an EEA national.

2.              The respondent now concedes that the appellant's criminal conduct cannot amount to the level of criminality that can be characterised as the "exceptional circumstances" required to justify her expulsion; see SSHD v CS [2016] EUECJ C-304/14.

 

3.              The respondent initially proposed to withdraw her case before the Upper Tribunal by way of ending this matter. The case before the Upper Tribunal was brought by the appellant, however, not the respondent. The respondent has no "case" to withdraw. After a telephone conversation with Mr Duffy, Senior Home Office Presenting Officer, it was agreed that the respondent conceded that the appeal should be allowed.

 

4.              On that basis, the appeal is allowed under the Immigration (European Economic Area) Regulations 2006.

 

Notice of Decision

 

The appeal is allowed under the Immigration (European Economic Area) Regulations 2006.

 

 

Signed: Date: 8 May 2018

Upper Tribunal Judge Pitt