The Home Office was given the right last month to have a new hearing of the case, meaning Makocki’s appeal will be heard again by a different judge.
Judge Nawraz Karbani granted him the reprieve in September 2022, saying that being sent to Poland would be “unduly harsh” on the nephew.
He received a deportation order in 2022 and the Home Office refused his initial appeal, after which the migrant took his case to the first-tier tribunal.
Konrad Makocki, 37, used European human rights laws to say he had to be near his twin sister and nephew, 12.
Makocki, who arrived in the UK in 2009 under EU rules, had been caged for ten months in December 2021 for beating his ex-partner.
