Adebayo Abdul v Secretary of State for the Home Department

Facts

The appellant, Adebayo Abdul, is a Nigerian national aged 41 who has been continuously resident in the United Kingdom since he was 16. He has two British citizen daughters, aged 13 and 11. He was convicted of a series of fraud offences beginning in 2002 and again in 2003, 2006 and 2012; the convicting court made a deportation recommendation in 2006, but following a series of challenges he avoided deportation and in February 2011 obtained a residence card as the family member of an EEA national. In January 2012 he was sentenced to four and a half years' imprisonment for conspiracy to defraud, which prompted the Secretary of State's decision of 12 December 2013 to make a deportation order under the Immigration (European Economic Area) Regulations 2006. It was common ground that regulation 21(3) of the EEA Regulations applied, so that removal required serious grounds of public policy or public security. The First-tier Tribunal dismissed his appeal in a decision promulgated on 3 March 2015, concluding that removal was justified in the interests of public security. Upper Tribunal Judge Rintoul granted permission to appeal on all grounds, it being arguable that the First-tier Tribunal had erred in failing to have regard to the Charter of Fundamental Rights of the European Union in an appeal under the EEA Regulations.