AN ILLEGAL immigrant who used fake documents and was jailed for fraud is allowed to stay in the UK because she has lived here so long.
Joyce Baidoo overstayed in the UK for 25 years but an asylum court ruled she has been gone from Ghana for too long to send her back.
GettyThe Home Office issued a deportation order in 2007 following Joyce Baidoo’s conviction but she has remained in the UK[/caption]
The 57-year-old has been in the UK without permission since 2000, even avoiding being kicked out of the country when she was jailed for fraud.
The Home Office issued a deportation order in 2007 following her conviction but she has remained in the UK.
Now, 25 years after her arrival, the Ghanaian has won a human rights case to stay in the UK.
Ms Baidoo argued she has been in the UK for so long she would not be able to “reintegrate” into Ghanaian culture.
Ruling in her favour, a judge found she put forward a “very compelling” argument when she said her “long absence” would lead to “significant obstacles” in her home country.
Ms Baidoo won her case at the First tier Tribunal of the Immigration and Asylum Chamber, then won again when the Upper Tribunal dismissed an appeal against the decision by the Home Office.
The Upper Tribunal was told: “[Ms Baidoo] had sought to leave to remain in the United Kingdom outside the Immigration Rules on the basis of her private life.
“Her application was made on 13 September 2021.
“[Ms Baidoo], an overstayer since 2000, is the subject of a decision to make a deportation order dated 15 May 2007.
“[She] was convicted of using false identity documents and was sentenced to [10 months].
“[She] pleaded continuous long residence, and claimed that her departure would have a detrimental effect on her mental health.
“[Ms Baidoo] also said that there would be significant obstacles to her reintegration into Ghanaian culture because of her long absence, the lack of family support and the lack of employment opportunities she would have there.
“She claimed that she would be left destitute, resulting in unjustifiably harsh consequences for her.”
“By the date of the First-tier Tribunal hearing [she] had been in the United Kingdom for 24 years.”
The First-tier Tribunal, was satisfied that there were circumstances in her case which outweighed the public interest in her being removed and that it would be “disproportionate” to deport her.
First-Tier Tribunal Judge Jeffrey Cameron, sitting earlier this year, ruled: “The evidence before me does indicate that [Ms Baidoo] on return to Ghana would not have any family support given that her husband has died, and she has no contact with her children.
“Given her age and [that she has] mental health problems it is unlikely that she would be able to within a reasonable period of time obtain employment and although she may be entitled to some support from the government by voluntarily agreeing to removal this would be short-term.”
The Home Office appealed, arguing that the tribunal “failed to provide adequate reasons”.
Fury as immigration offenders could DODGE deportation after Sentencing Council proposes softer punishments
By Jack Elson
TOP judges stirred up fresh anger last night for proposing soft punishments that would let immigration offenders dodge deportation.
Draft guidance for judges puts the “starting point” for a range of border crimes at less than 12 months in prison – the threshold that triggers their removal.
Shadow Justice Secretary Robert Jenrick warned the draft rules would be “catnip for human rights lawyers”.
The Sentencing Council — an independent quango made up of senior legal figures — is already on the rack, accused of creating a two-tier justice system with its guidance to go easier on ethnic minority offenders for general crimes in the UK.
Its latest consultation puts the starting sentence for “knowingly entering the UK without valid entry clearance” at six months if offenders claim to have fled persecution or been coerced.
Foreign criminals guilty of “deception” tactics to stay in the UK could escape with a community order.
Possessing false documents could be met with just six months’ jail.
But long terms are recommended for the worst offenders, with 14 years the starting point for the most serious facilitation of border crimes — although ministers recently passed laws to make it life.
It is the first time the Sentencing Council has issued guidance on such immigration offences.
But at the Upper Tribunal has now dismissed their appeal.
Deputy Upper Tribunal Judge Richard Manuell concluded: “It was not ‘speculative’ of the Judge to conclude that Ms Baidoo would be destitute.
“He looked at various factors, including the absence of support and the period of absence and reached conclusions that were properly reasoned and open to him.
“The Judge gave cogent reasons for reaching his conclusions. Proportionality and reasonableness had been fully covered. The onwards appeal should be dismissed.
“Thus in the Tribunal’s judgment the First-tier Tribunal Judge reached sustainable findings, in the course of a thorough determination, which securely resolved all of the issues.
“There was no material error of law.”
It comes three weeks after it was revealed that judges who let foreign offenders dodge deportation with human rights claims will finally be brought to heel under Sir Keir Starmer’s plans.
The PM confirmed that he will stop courts thwarting removals with a “spurious reading of immigration rules” as part of a “common sense” crackdown.
The package will focus on cutting the hundreds of thousands who arrive legally each year.
Controls will be tightened across “every area of the immigration system”.
And most migrants will need to have lived in the UK for ten years to be able to apply for settlement, up from the current five years.
Only highly-skilled foreign workers who demonstrate a valuable contribution to the economy will be fast-tracked to ensure settlement is “a privilege that must be earned, not a right”.
English tests will be toughened, and family members of overseas workers will also for the first time need to speak the language and demonstrate a “commitment to integration”.
Almost a million people in England can barely speak the language, leaving them struggling to integrate.
Bosses will also be banned from hiring any more foreign care workers, who have contributed to big rises in net migration in recent years.
Recent cases have seen foreign offenders granted permission to stay after invoking their “right to a family life” under Article 8 of the European Convention on Human Rights.
One Albanian drug dealer even tried to fight his deportation because his son did not like foreign chicken nuggets.
GettyA judge found she put forward a “very compelling” argument[/caption] Published: [#item_custom_pubDate]
