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Reported Case

BMG and The Secretary of State for the Home Department DA/01023/2013 (31 January 2014)

Date: 31/01/2014
Duncan Lewis, Reported Case Solicitors, BMG and The Secretary of State for the Home Department DA/01023/2013

Upper Tribunal - Immigration and Asylum Chamber

A panel comprising Judge of the First-tier Tribunal Walker and Mr B Yates dismissed this appeal against a decision by the respondent refusing to revoke a deportation order.

The appellant was convicted in November 2010 of being knowingly concerned in fraudulent evasion of prohibition or restriction of importation of Class A controlled drugs and sentenced to imprisonment for 54 months. A deportation order against him was signed on 15 October 2012. An appeal against deportation was unsuccessful.

In November 2012 the appellant made an asylum claim, which was treated by the respondent as an application for revocation of the deportation order. The refusal to revoke the deportation order was dated 16 May 2013. In the view of the respondent the asylum claim was subject to section 72 of the Nationality, Immigration and Asylum Act 2002 on the basis that the appellant’s offence was a particularly serious one and he constituted a danger to the community. The respondent argued that the appellant was not entitled to refugee status in terms of section 72 and that he was not eligible for humanitarian protection in terms of paragraph 339D of the Immigration Rules.


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