A killer and a rapist have been allowed to stay in Britain after claiming their human rights would be breached if they were deported.
In both cases, the criminals used Article 8 of the Human Rights Act, which entitles everyone to a family life, to overturn Home Secretary Theresa May’s order to deport them at the end of their sentences.
this is the latest blow to the Government’s attempts to remove foreign convicts as courts increasingly use the rules to claim deportation would be against the right to family life.
In both cases, the criminals used Article 8 of the Human Rights Act, which entitles everyone to a family life, to overturn Home Secretary Theresa May’s order to deport them at the end of their sentences.this is the latest blow to the Government’s attempts to remove foreign convicts as courts increasingly use the rules to claim deportation would be against the right to family life.
And it comes after Mrs May revealed her support for reforms that would ensure courts do not always prioritise this right over public safety.
In the first case, Raja Mohammed Anwar Khan climbed behind the wheel of a car after taking heroin and killed another motorist, a father-of-two.
He was jailed for six-and-a-half years in 2008, which was reduced to five years on appeal.
He has now overturned a deportation order issued at the end of his sentence after a judge ruled he should be allowed to stay in Britain with his wife and children.
Khan had travelled to Pakistan to marry his wife and stayed there for several years before they both returned to Britain, but his father said last week he is now estranged from his family.
He has now overturned a deportation order issued at the end of his sentence after a judge ruled he should be allowed to stay in Britain with his wife and children.
Khan had travelled to Pakistan to marry his wife and stayed there for several years before they both returned to Britain, but his father said last week he is now estranged from his family.
meanwhile, Rohan Winfield raped a young woman after leaving his wife, with whom he has three children, but claimed his broken marriage was evidence he had a family life.
Senior Immigration Judge Andrew Jordan admitted the decision “at first glance appears to be wrong, if not perverse” but he added it was correct for Winfield’s rights to be considered before the safety of society – the reason the Home Office hoped to deport him.
Immigrants who are jailed for more than 12 months face automatic deportation at the end of their sentences but both men appealed against this order.
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