Goralczyk, appellant

Immigration – Deportation – Foreign criminal – European Economic Area (EEA) national. Court of Session: Allowing an appeal by a Polish and EEA national, who had been resident in the UK for more than 5 years and had been convicted of three offences while resident, against whom the Home Secretary decided to make a deportation order, and whose appeals were refused by the First-tier Tribunal ('FTT') and Upper Tribunal ('UT'), the court held that the FTT judge had completely failed to engage with the requirements of the Immigration (European Economic Area) Regulations 2006, which was clearly an error of law; the UT did not correct the FTT's errors and the court therefore set aside the UT's decision and remade it, holding that the high threshold for the deportation of an EU national was not met in the appellant's case and a decision to remove him from the UK would not be compliant with the principle of proportionality.

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