- The Bangladeshi woman served five years for attempted murder in 2009
- She stabbed her young daughter in the midst of a marital breakdown
- Tribunal decided not to deport her but Government appealed the decision
- Court of Appeal has now ruled case is 'truly exceptional' and she can stay
A foreign mother who was jailed for stabbing her baby has been granted the right to stay in Britain.
The Bangladeshi woman, who cannot be named, served five years for attempted murder in 2009 after she attacked her daughter in the midst of a marital breakdown.
On her release, a tribunal decided not to deport her – as is usually the case with foreign criminals – so she could still see the child.
The Government appealed but the woman, of Tower Hamlets, East London, was yesterday granted leave to remain.
Court of Appeal judge Lord Justice Pitchford said the case was ‘truly exceptional’.
He said: 'The circumstances of the offence, the bitter suffering of [the mother] following the offence and the clear benefit to the victim of the offence of continued face to face contact with her mother rendered this case truly exceptional.
'In short, despite the generic public interest in deportation of foreign criminals, there was no public interest in further punishing the victim of the crime.
'In my view, the combined circumstances of the crime and its consequences were exceptional and the First-Tier Tribunal was entitled to conclude that separation, which was likely to be permanent, would be cruel both to the offender and to the victim.'
The judge heard the appeal with Lord Justice Sullivan and Lady Justice King, who both agreed with the decision.