58. In 2003 the claimant, a Zambian national who had only ever lived in Zimbabwe, came to the UK at the age of 9. His family settled in the UK and obtained British citizenship. In August 2011 the claimant took part in the London riots. As a result, in 2012 he pleaded guilty to violent disorder and arson, for which he was sentenced to 4½ years’ detention.
59. The Secretary of State decided to deport the claimant as a foreign criminal. The claimant appealed against that decision, relying upon article 8 of the European Convention on Human Rights. The First-tier Tribunal allowed the claimant’s appeal and the Upper Tribunal upheld the First-tier Tribunal’s decision.
60. The Secretary of State now appeals to the Court of Appeal. In my view, both the First-tier Tribunal and the Upper Tribunal correctly applied rules 398 to 399A of the Immigration Rules. In accordance with authority, those Tribunals took account of the claimant’s Convention rights through the lens of the Immigration Rules. The tribunals concluded, and were entitled to conclude, that exceptional circumstances existed which outweighed the public interest in deporting the claimant.
61. Accordingly, if Lady Justice King and Lord Justice Simon agree, this appeal will be dismissed.
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