Criminal migrant is allowed to stay in Britain after fighting deportation by arguing his son disliked foreign chicken nuggets
An immigrant who fought deportation by claiming her son didn’t like foreign chicken parts has won the right to stay in Britain.
The case of Klevis Disha, a 39-year-old convict who entered Britain illegally under a false name and lied in a failed asylum claim, sparked outrage when it emerged a year ago.
Critics cited this as a clear example of abuse of the European Convention on Human Rights. The Home Office spoke out harshly and pressed for his expulsion; This should have been a formality, as he was sentenced to two years in prison in 2017.
However, despite objections, he won his appeal against dismissal.
His lawyer, Richard McKee, successfully argued that it would be “extremely harsh” for his 11-year-old son to join his father in Albania or remain without him in Britain.
Judges were told Disha was 15 when she ‘entered the UK illegally as an unaccompanied minor’ in 2001.
Two days later, he requested asylum due to political persecution. He falsely stated that he was born in the former Yugoslavia in 1986. It also appears that he gave a false name.
Disha’s asylum claim was rejected nine months later because ‘the Home Secretary was not satisfied that she had a well-founded fear of persecution’.
The case of 39-year-old prisoner Klevis Disha, who entered the UK illegally under a false name and lied in a failed asylum claim, sparked outrage when it emerged a year ago.
He appealed, his case lasted four years and he was granted an ‘Indefinite Residence Permit’ in September 2005.
The following year he met his Albanian-born girlfriend and they had a daughter and a son.
In September 2017, Disha was sentenced to two years in prison for failing to explain the origins of the crime after she was caught with £250,000 in cash determined to be the proceeds of crime. A prison sentence of more than a year meant he had to be deported.
In 2019, after just nine months inside, he was told he would be stripped of his UK citizenship.
His appeal was only heard in June 2024, when Judge Behan ruled that the offender should not be deported on ‘human rights grounds’.
The Ministry of Internal Affairs appealed and a court overturned the decision, stating that his son ‘C’ said: ‘In the decision we can see only one example of why ‘C’ cannot go to Albania: ‘C’ will not eat the types of chicken nuggets available abroad.’
A series of hearings lasted over a year and Judge Veloso ruled in Disha’s favor under Section 8 of the Human Rights Act, stating that ‘C’ ‘struggles with certain types of food’ and ‘has a restricted diet’.
The judge rejected the Home Office’s claims that ‘C’ spoke Albanian as a native language and had no official diagnosis of autism, saying: ‘Disha’s deportation would be extremely harsh on ‘C’.’
Last year, Shadow Home Secretary Chris Philp said: ‘Fake asylum seekers are exploiting human rights laws and weak judges.’
The Home Office insisted it was doing everything it could to deport foreign criminals.
