Thursday 27 April 2023
The Appellant, a national of South Africa, succeeded before the First Tier Tribunal in his human rights appeal against deportation. The Upper Tribunal made the error of law decision on the papers.
The Applicant is 33 years old and has lived in the UK since he was aged 15. He has a British wife and two British children. On 14 February 2017, he was sentenced to 32 months for taking a child without lawful authority and assault by beating. In 2018 a human rights appeal was dismissed but, in response to further submissions, on 25 July 2019 the SSHD refused a fresh human rights claim with a right of appeal.