Migrant Who Offended 27 Times to Fund Drink and Drugs Can Stay in UK Under ECHR

A Colombian migrant who committed 27 offences to fund his drug and drink habit and who violated a restraining order against his former partner has avoided deportation under ECHR human rights rules for “family life”. The Telegraph has more.

The “persistent” Colombian offender has amassed 12 convictions since arriving in Britain as a teenager in the 1990s and has also been jailed for breaching a restraining order against his former partner, an immigration tribunal was told.

Despite his offending, a lower tier tribunal judge ruled that the 46 year-old migrant could remain in the UK as there would be “very significant obstacles” for him if he were to return to Colombia.

She said the man was “fragile” owing to mental ill health and his deportation would also be too “harsh” on his son, who has “undiagnosed autism”, breaching his rights under the European Convention on Human Rights (ECHR) Article 8, which entitles people to a family life.

The Home Office criticised this ruling and has since successfully applied to have it reheard.

The case, disclosed in court papers, is the latest example exposed by the Telegraph where failed asylum seekers or convicted foreign criminals have attempted to halt their deportations, often by claiming breaches of their human rights.

There are a record 41,987 outstanding immigration appeals, largely on human rights grounds, which threaten to hamper Labour’s efforts to fast-track removal of illegal migrants.

The Colombian – who was granted anonymity – arrived in the UK when he was 16 years old. He was rejected for asylum but was granted indefinite leave to remain in 2007.

Judge Sandip Kudhail described him as a “persistent offender”. In 2016, he was convicted of breach of a restraining order over his former partner – with whom he shares a child – and was handed an eight week prison sentence. This was extended by 11 weeks for three previous driving offences.

In February 2020, the man was detained pending removal under a deportation order but after judicial review proceedings, the removal directions were deferred and further representations were lodged. Some three years later, the Home Secretary refused his leave to remain. But, the man appealed this.

In October 2024, First-tier Tribunal Judge Phull granted him permission to remain in the UK under article eight of the ECHR. She found he had lived in the UK “lawfully for over half his life” while his “working, relationships, friendships and medical issues demonstrated he was socially and culturally integrated”.

Worth reading in full.