The immigration tribunal ruled it would have been “unduly harsh” for the 10-year-old child to be deported to Albania with his father who successfully appealed his deportation
A dad is allowed to stay in the UK as the country will help support his child’s suspected special educational needs.
Among the “additional needs” listed at the immigration tribunal was food difficulties, including the 10-year-old’s distaste for foreign chicken nuggets.
It was enough for his 39-year-old father to successfully appealed his deportation as the panel ruled it would be “unduly harsh” to send the pair back to Albania. The judge said the deportation would breach the boy’s right to a family life under the European Convention on Human Rights (ECHR).
The court was also told that education plans were in place to support the youngster’s learning. The judge heard the youngster, whose first language is Albanian, also had needs in regards to difficulties with some clothing, especially socks, and certain types of food that would make him seize up.
But the father used a fake name and falsely claiming to have been born in the former Yugoslavia when he entered the UK illegally as a 15-year-old unaccompanied minor in 2001. Despite having his asylum claim rejected, he gained UK citizenship in 2007 after being granted exceptional leave to remain, followed by an indefinite leave to remain.
With his partner, another Albanian who gained UK citizenship in 2006, he had two daughters and the son. The dad, though, was jailed for two years after being caught with £250,000 in cash, known to be the proceeds of crime, in September 2017.
Dame Priti Patel, then home secretary, called for him to be deported to Albania and stripped of his UK citizenship as it had been acquired through deception. He then appealed his deportation and was supported by a judge at a lower-tier immigration tribunal.
But the grounds for the to allow the father to stay has been described as “mind-boggling”, “ludicrous” and “outrageous” by Shadow Justice Secretary Robert Jenrick. The Telegraph also reports Shadow Home Secretary Chris Philp has blasted the decision.
A Home Office spokesperson told the publication: “Foreign nationals who commit heinous crimes should be in no doubt that we will do everything to make sure they are not free on Britain’s streets, including removal from the UK at the earliest possible opportunity. Since the election, we’ve removed 2,580 foreign criminals, a 23 per cent increase on the same period 12 months prior.”
