Drug dealing migrant who re-entered UK after being deported wins case | UK | News
an Albanian immigrant A person who re-enters the UK after being deported for drug dealing can appeal against the refusal of their asylum application. The migrant was sentenced to two-and-a-half years in prison at Guildford Crown Court in 2019 after being found guilty of possession with intent to supply cocaine, driving without insurance and driving a motor vehicle in accordance with his licence.
He was deported to his home country, but came to Essex three months later seeking asylum. The Albanian had initially lost his appeal against the Ministry of Internal Affairs’ decision to deport him again. But he won his second appeal after finding that the First-tier Tribunal had erred. A new court hearing will now be allowed.
The immigrant, who cannot be named for legal reasons but is referred to as LM, first came to the UK illegally in 2014.
He was detained after being found in Essex and told authorities he wanted to apply for asylum. When she arrived in the UK she claimed that she was actually a victim of human trafficking.
The Ministry of Internal Affairs rejected his application because he had been convicted of a particularly serious crime and posed a danger to society.
When LM appealed the decision to the First-tier Tribunal, the decision was rejected, but following a further appeal the decision was overturned due to errors in the decision.
Superior Court Judge Karim-ullah Khan found that the trial court failed to acknowledge LM’s crimes when she could have been a victim of human trafficking. He said that in such a situation, the immigrant may not pose a danger to society.
Judge Khan said: “It is clear that the judge did not engage in the second stage of the test as to whether LM was a ‘danger to society’.”
Mr Khan said the original trial judge disagreed with this part of the legal test and echoed the sentencing judge’s remarks as to why the offense was particularly serious.
He said: “It appears that the reasons given by LM for finding that he continues to pose a danger to society are insufficient, which amounts to a law of error.”
It was also revealed that the original judge had disregarded a psychiatric report stating that LM’s PTSD stemmed from her experiences of being trafficked.
Judge Khan said the First-tier Tribunal judge’s summary, which excluded human trafficking as a contributing factor to LM’s PTSD, was inaccurate and misleading.
He said: “A misreading of the report and consequent failure to properly implement the findings in the report amounts to a legal error.”
LM said he couldn’t move inside Albania because she was a victim of human trafficking and had mental health issues.
The Interior Ministry said he managed to stay in Serande, Albania, for three weeks without being targeted. The government also said there was no evidence that LM could not live independently, but Judge Khan disagreed.
He called for the new trial to be held before a different judge.
