The Appellant was liable to deportation as a ‘persistent offender’. The Upper Tribunal held that there was significant public interest in his deportation and concluded that there were not ‘very compelling circumstances’ notwithstanding that he had never been to prison, had spent all but five years of his life in the UK, and had a British partner and child.

The Court of Appeal granted permission to appeal on the basis that the Tribunal arguably erred in failing to have regard to the low-level sentences imposed when determining offence seriousness and hence the extent of the public interest in deportation under s117(2) of the Nationality, Immigration and Asylum Act 2002. The Secretary of State then conceded the appeal prior to the hearing and granted the Appellant leave to remain.