The Appellant is subject to deportation following a sentence of eight years imprisonment for a conviction of conspiracy to handle stolen goods. His appeal was dismissed by the First-tier Tribunal and the Upper Tribunal.

The Court of Appeal granted permission to appeal (CA-2025-001072). In granting permission to appeal the Court of Appeal noted that the question of whether a person’s attitude to his past offending is a matter upon which a decision-maker or tribunal is entitled to place adverse weight when conducting the proportionality analysis, independently of the risk of reoffending, was an issue of wider importance.

The Secretary of State conceded that in taking account of the Appellant’s attitude to the offending in the analysis under s.117C(6) of the Nationality, Immigration and Asylum Act 2002, in circumstances where he was assessed as a low risk of reoffending, the First-tier Tribunal had not explained why this factor was considered relevant.

In the absence of reasons, the Respondent considered it appropriate for the appeal to be remitted to the First-tier Tribunal for a fresh determination and that this was not an appropriate case to explore the issue of wider importance. The appeal was allowed by consent.

Emma Daykin was instructed by Mr F Chaudhary of Makka Solicitors.