DA/00138/2014

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The decision



Upper Tribunal
(Immigration and Asylum Chamber) Appeal Number: DA/00138/2014


THE IMMIGRATION ACTS


Heard at Glasgow
Determination issued
on 10 February 2015
On 11 February 2015



Before

UPPER TRIBUNAL JUDGE MACLEMAN


Between

THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Appellant
and

MOHIT GOGNA
Respondent


Representation:
For the Appellant: Mrs M O'Brien, Senior Home Office Presenting Officer
For the Respondent: Mr S F Winter, Advocate, instructed by Maguire, Solicitors


DETERMINATION AND REASONS
1. The parties are referred to in the rest of this determination as they were in the First-tier Tribunal.
2. The respondent appeals against a determination by a panel comprising First-tier Tribunal Judge J C Grant-Hutchison and Dr C J Winstanley, allowing the appellant's appeal against deportation to India.
3. The grounds are directed against the finding in terms of paragraph 399A(a) of the Immigration Rules that the appellant had "no ties" with India. Mrs O'Brien submitted that the panel misconstrued that test and strayed into deciding the case on the relative strength of ties with the UK and with India, which was irrelevant.
4. On a strict and literal interpretation of the term "no ties" the respondent would have a point. However, the authority to apply was Ogundimu [2013] UKUT 00060, which the panel cited at paragraph 40. In light of that case the issue whether the appellant had no ties with India required "a rounded assessment of the facts". That is the exercise in which the panel engaged, reaching a conclusion open to it for the reasons given.
5. The Rules have been amended since this case was decided, and the current test would be whether there were very significant obstacles to the appellant's integration in India. He succeeded on a finely balanced issue in these proceedings. He should not take that to mean that deportation may not be a possibility in the future, if he continues his criminal offending.
6. The determination of the First-tier Tribunal shall stand.
7. No anonymity direction has been requested or made.





12 February 2015
Upper Tribunal Judge Macleman