10th October, 2020
By Daily Mail Reporter
A Nigerian immigrant, who was jailed for drugs, has won a legal fight to stay in the UK with his family, after he was served a deportation order by Home Secretary Priti Patel.
The 32 year-old Nigerian, identified in court papers as AA, was served with a deportation order after completing his four and half year jail term for supplying class A drugs.
But the man mounted a challenge, arguing that deportation would disproportionately interfere with the human rights of his partner and two children.
Three Court of Appeal judges agreed with him, reports Daily Mail.
The judges were Lord Justice Moylan, Lord Justice Baker and Lord Justice Popplewell. They heard the appeal in July and published a written ruling on Friday.
They considered the case after two immigration tribunal hearings, one of which ruled that the Nigerian AA must leave.
The first tribunal judge ruled in favour of the man, concluding that deportation would disproportionately interfere with his partner and children’s right to respect for family life and that he was ‘most unlikely’ to reoffend.
However, the ruling was overturned by a more senior tribunal judge after Home Office ministers appealed.
The man then asked Court of Appeal judges, based in London, to consider the case.
The judges concluded that the first tribunal judge’s ruling was right.
Appeal judges heard that the man had been convicted of conspiracy to supply heroin and cocaine in 2013 after a trial, and given a four-and-a-half year jail sentence.
Evidence indicated that he had been a ‘willing drug runner’, they were told.
He was served with a deportation order after leaving prison and appeal judges were told that he had ‘no right to remain’.
Appeal judges said the first tribunal judge was right to conclude that the man was ‘most unlikely to reoffend’.