A JAMAICAN drug dealer has avoided deportation after promising he’ll “only smoke” cannabis and not sell it.
Shawn Rickford McLeod, 40, arrived in the UK in 2000 but was jailed after supplying class A drugs.
GettyA jailed drug dealer promised he will now ‘only ‘only smoke’ Cannabis and not sell it[/caption]
GettyPossession of class B drugs could lead to a five-year prison sentence[/caption]
McLeod was given a hefty three-year and four-month sentence and initially handed a deportation order.
However after appealing, claiming it would negatively impact his three young children and wife, the immigration tribunal ruled in his favour.
Shadow home secretary Chris Philp said the outcome was “mindboggling” and “appalling,” calling for major changes to the system.
He said: “These foreign criminals should all be kicked out.
“The ever-expanding interpretation of ECHR articles by weak immigration judges has to end.
“Immigration judges seem more interested in letting foreign drug dealers and paedophiles stay in the UK than in upholding the law and protecting the British public from likely re-offending.
“This farce has to end, and it’s clear fundamental changes to human rights laws are needed.”
McLeod appealed under Article 8 of the European Convention on Human Rights – a policy which protects the right to respect for their private and family life.
Judge David Chaim Brannan decided the deportation would be “unduly harsh” and believed “he genuinely wants to avoid reoffending so he can care for his children.”
However, McLeod made it clear he “intended to use cannabis” despite the deportation outcome, sharing his stance on the matter with his prison and probation officers as well as Judge Brannan.
Possession of a class B drug, like Cannabis, is illegal in Britain and those found with this caliber of drug can be handed a five-year prison sentence.
The decision to let McLeod remain in the UK was appealed by the Home Office and referred back to the lower court in December to be reconsidered.
This move was supported by an upper tribunal judge, Karim-ullah Akbar Khan, but the drug-user was granted permission to stay.
Judge Brannan cited the 2002 Immigration Act which states those with sentences under four years will be deported unless they have a “genuine” relationship with a “qualifying child.”
Despite McLeod spending large stints of time in prison away from his young children, aged one, four, and seven, he was told he could remain in Britain to raise them.
In terms of his Cannabis use, the Judge Brannan told McLeod: “You cannot look after your children properly or do a job properly if you are stoned.
“It is also illegal, and the rule of law overrides any contention that it is legitimate because it is part of [McLeod’s] culture.”
Judge Khan disagreed with Judge Brannan’s reasoning but accepted that the children’s quality of life would be improved by the ruling.
He said: “I find there is a material error of law as a result of the judge’s inadequate and confused reasoning.
“The judge was well aware that [McLeod] intended to continue to use cannabis.
“Despite this clear evidence, the judge goes on to find that if he refrains from offending, including from the use of drugs, that the prospects of the children will be considerably improved.”
A Home Office spokesman said: “We have been clear that we do not agree with this judgment and vigorously contested this case last year.
“We remain resolute in our commitment to ensuring there are no barriers to deport foreign criminals, as it is in the public interest for these people to be removed swiftly.”
Countries that refuse to take back offenders face visa shut-out, warn ministers
By Jack Elsom
COUNTRIES that refuse to take back their offenders face a visa shut-out, ministers have warned.
Those who fail to co-operate in Britain’s deportation blitz would face sanctions, immigration minister Angela Eagle declared yesterday.
This could include blocking visas, making them more expensive, or deliberately delaying their approval.
Ms Eagle put foreign governments on notice after being challenged to use the powers from Tory Shadow Home Secretary Chris Philp.
She said: “If co-operation with countries falls below the levels expected, we stand ready to use all levers available to us to encourage action — including the power to impose visa penalties.”
Labour have pledged to ramp up returns for migrants with no right to be here, either because they have committed a crime or arrived illegally.
They have hailed 19,000 deportations since coming to power from July.
But most of these were voluntarily returns, and are still dwarfed by the 25,000 small boat arrivals in that time.
Officials say four of the UK’s biggest-ever deportation flights have already taken off, carrying more than 850 people.
Yesterday Home Secretary Yvette Cooper said releasing footage of deportations is part of efforts to restore public confidence in the immigration system.
She added: “That’s why, as part of the Government’s Plan for Change, we have put significant additional resource into immigration enforcement and returns, so those who have no right to be here, particularly those who have committed crimes in our country, are removed as swiftly as possible.”
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