Cocaine dealer claimed she’d be persecuted for being a ‘witch’ if deported
A Ghanaian cocaine dealer attempted to escape deportation by claiming she faced persecution because her local community believed she was a “witch.”
The convicted serial criminal, who the Home Office has been seeking to deport for 37 years, claimed she would be at risk as her local community believed she was a “child witch” who had killed her parents.
She claimed it would be a breach of her human rights under Article 3 of the European Convention on Human Rights (ECHR) if she were to be “forcibly” returned to Ghana as she would suffer “inhumane or degrading treatment”.
However, a tribunal found that her witchcraft claims were “fabricated” and ruled that she had faked hallucinations to try and “bolster” her claim to remain in the UK. She now finally faces deportation.
The case, disclosed in court papers, is the latest example exposed by The Telegraph where illegal migrants or convicted foreign criminals have attempted to halt their deportations, often by claiming breaches of 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 the removal of illegal migrants.
Fraud and drug offences The Ghanaian, convicted of fraud and drug offences under 15 different identities, has been locked in a three-decade legal battle with the Home Office to try to avoid deportation.
At every hearing her case has been thrown out because it would not be “unduly harsh” to return her to Ghana and she poses a risk of reoffending “to further her own ends”. Now, her case has been dismissed for the final time following a ruling that there was no error in a previous decision.
The Upper Tier Tribunal of the Immigration and Asylum Chamber was told the woman – who was granted anonymity – entered the UK in 1986 under a false name.
While in the UK, she committed multiple crimes. In July 1987, just seven months after entering the country, she was sentenced to six years in prison for importing class A drugs. She was made subject to a deportation order in 1988, but absconded.
In December 2013, she was convicted again of three offences of deception and dishonesty in relation to a benefit scam and “professionally planned mortgage fraud” from which she made a total of £349,245. She was sentenced to 34 months in prison.
Another deportation order was issued by the Home Office, but she appealed it. The fraudster then argued she would be at risk if she were sent back to Ghana because her local community thought she was “witch”.
‘Breach of human rights’ She also claimed she had mental health issues and that deporting her would breach her human right to a private life.
Three years later, in January 2017, her case was dismissed by the First-tier Immigration and Asylum Tribunal because it found she had “fabricated” her claim.
That tribunal concluded her claim was not credible and, even if it had been, there was “effective state protection” in Ghana for those accused of witchcraft.
A further deportation order was issued in March 2018, but she sought to have it revoked as a breach of her Article 3 ECHR rights, arguing that even if her witchcraft claims were not credible, she still had a “subjective fear of harm” if she was deported.
Her case was dismissed, with her story described as “inconsistent” and the judge branding her “manipulative”. “I consider that [she] is manipulative and there are various aspects to this claim... which show that she is prepared to do whatever it takes to further her own ends,” the judge said.
However, she was then given permission to appeal to the Upper Tribunal after arguing that expert evidence on her mental health and family life had not been taken into account.
Deputy Upper Tribunal Judge Kirk has now ruled that there was no “error in law” in the original judgment and therefore dismissed the Ghanaian’s case for the final time.
Rapist’s criminal record is so bad he can’t be deported
A rapist’s criminal record is so bad that he cannot be deported back to his home country, an immigration tribunal has ruled.
The Jamaican, who was jailed for nine years for rape, cannot be returned because his criminal record would be likely to bar him from gaining witness protection in his home country.
The convicted sex attacker entered the programme in Jamaica as a teenager with his mother because she was a police informant who helped convict a gang leader of murder.
The Home Office tried to deport him because of his criminal record, but he successfully appealed his removal on the basis that he would not be allowed back into witness protection. He claimed it would put his life at risk from Jamaican gangsters seeking to avenge his mother’s role as an informant.
After his claim was rejected by a lower-tier immigration tribunal, he appealed and was backed by an upper court, which ruled his enforced return to Jamaica would breach his rights under Article 3 of the European Convention on Human Rights (ECHR).
The case, disclosed in court papers, is the latest example exposed by The Telegraph where illegal migrants 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 the removal of illegal migrants.
The Jamaican, who was granted anonymity, entered the UK in 2001 as a visitor, after spending more than a decade in witness protection in Jamaica. His mother had been the main prosecution witness in convicting and jailing the gang leader for murder.
He sought asylum in 2006, but while his application was pending, he was convicted of unlawful wounding and burglaries. He was sentenced to four years and eight months’ imprisonment in 2009. He was jailed for nine years for rape in 2013. After his release, he was recalled to prison in November 2022.
The Home Office first issued a deportation order in 2019 on the basis that his convictions excluded him from refugee protection. He appealed to a first-tier tribunal, which was told by Jamaican security ministry officials that it was highly likely he would suffer “harm” and a risk of “psychological trauma” if he returned.
The ministry said there was “no guarantee” he would be accepted back into witness protection, but the tribunal dismissed his claim on the basis there was a “real possibility” he would be allowed back into witness protection and not at risk as a result.
The Jamaican appealed the decision on the grounds that the tribunal had “failed to consider” his criminal record and mental health issues when deciding the likelihood he would be accepted into witness protection.
At the latest appeal, the upper-tier tribunal also had to decide if the lower court had used too high a standard of proof.
I have far more sympathy for your average asylum seeker than most people. To give the example of the "autistic children" one mentioned above, I have every sympathy with his case.
But if someone has sought asylum. Had it refused. Then gone to prison for drug dealing. Deported. Then comes back as an illegal immigrant. To deal more drugs.
This doesn't need a Court Hearing. This is the sort of person for which the mere act of returning should be a criminal offence. Even my sympathy has limits.
I have far more sympathy for your average asylum seeker than most people. To give the example of the "autistic children" one mentioned above, I have every sympathy with his case.
But if someone has sought asylum. Had it refused. Then gone to prison for drug dealing. Deported. Then comes back as an illegal immigrant. To deal more drugs.
This doesn't need a Court Hearing. This is the sort of person for which the mere act of returning should be a criminal offence. Even my sympathy has limits.
If we just photographed, and fingerprinted everyone entering the country, it could never happen.
Comments
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A Ghanaian cocaine dealer attempted to escape deportation by claiming she faced persecution because her local community believed she was a “witch.”
The convicted serial criminal, who the Home Office has been seeking to deport for 37 years, claimed she would be at risk as her local community believed she was a “child witch” who had killed her parents.
She claimed it would be a breach of her human rights under Article 3 of the European Convention on Human Rights (ECHR) if she were to be “forcibly” returned to Ghana as she would suffer “inhumane or degrading treatment”.
However, a tribunal found that her witchcraft claims were “fabricated” and ruled that she had faked hallucinations to try and “bolster” her claim to remain in the UK. She now finally faces deportation.
The case, disclosed in court papers, is the latest example exposed by The Telegraph where illegal migrants or convicted foreign criminals have attempted to halt their deportations, often by claiming breaches of 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 the removal of illegal migrants.
Fraud and drug offences
The Ghanaian, convicted of fraud and drug offences under 15 different identities, has been locked in a three-decade legal battle with the Home Office to try to avoid deportation.
At every hearing her case has been thrown out because it would not be “unduly harsh” to return her to Ghana and she poses a risk of reoffending “to further her own ends”. Now, her case has been dismissed for the final time following a ruling that there was no error in a previous decision.
The Upper Tier Tribunal of the Immigration and Asylum Chamber was told the woman – who was granted anonymity – entered the UK in 1986 under a false name.
While in the UK, she committed multiple crimes. In July 1987, just seven months after entering the country, she was sentenced to six years in prison for importing class A drugs. She was made subject to a deportation order in 1988, but absconded.
In December 2013, she was convicted again of three offences of deception and dishonesty in relation to a benefit scam and “professionally planned mortgage fraud” from which she made a total of £349,245. She was sentenced to 34 months in prison.
Another deportation order was issued by the Home Office, but she appealed it. The fraudster then argued she would be at risk if she were sent back to Ghana because her local community thought she was “witch”.
‘Breach of human rights’
She also claimed she had mental health issues and that deporting her would breach her human right to a private life.
Three years later, in January 2017, her case was dismissed by the First-tier Immigration and Asylum Tribunal because it found she had “fabricated” her claim.
That tribunal concluded her claim was not credible and, even if it had been, there was “effective state protection” in Ghana for those accused of witchcraft.
A further deportation order was issued in March 2018, but she sought to have it revoked as a breach of her Article 3 ECHR rights, arguing that even if her witchcraft claims were not credible, she still had a “subjective fear of harm” if she was deported.
Her case was dismissed, with her story described as “inconsistent” and the judge branding her “manipulative”. “I consider that [she] is manipulative and there are various aspects to this claim... which show that she is prepared to do whatever it takes to further her own ends,” the judge said.
However, she was then given permission to appeal to the Upper Tribunal after arguing that expert evidence on her mental health and family life had not been taken into account.
Deputy Upper Tribunal Judge Kirk has now ruled that there was no “error in law” in the original judgment and therefore dismissed the Ghanaian’s case for the final time.
https://uk.yahoo.com/news/cocaine-dealer-claimed-she-d-133139286.html
A rapist’s criminal record is so bad that he cannot be deported back to his home country, an immigration tribunal has ruled.
The Jamaican, who was jailed for nine years for rape, cannot be returned because his criminal record would be likely to bar him from gaining witness protection in his home country.
The convicted sex attacker entered the programme in Jamaica as a teenager with his mother because she was a police informant who helped convict a gang leader of murder.
The Home Office tried to deport him because of his criminal record, but he successfully appealed his removal on the basis that he would not be allowed back into witness protection. He claimed it would put his life at risk from Jamaican gangsters seeking to avenge his mother’s role as an informant.
After his claim was rejected by a lower-tier immigration tribunal, he appealed and was backed by an upper court, which ruled his enforced return to Jamaica would breach his rights under Article 3 of the European Convention on Human Rights (ECHR).
The case, disclosed in court papers, is the latest example exposed by The Telegraph where illegal migrants 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 the removal of illegal migrants.
The Jamaican, who was granted anonymity, entered the UK in 2001 as a visitor, after spending more than a decade in witness protection in Jamaica. His mother had been the main prosecution witness in convicting and jailing the gang leader for murder.
He sought asylum in 2006, but while his application was pending, he was convicted of unlawful wounding and burglaries. He was sentenced to four years and eight months’ imprisonment in 2009. He was jailed for nine years for rape in 2013. After his release, he was recalled to prison in November 2022.
The Home Office first issued a deportation order in 2019 on the basis that his convictions excluded him from refugee protection. He appealed to a first-tier tribunal, which was told by Jamaican security ministry officials that it was highly likely he would suffer “harm” and a risk of “psychological trauma” if he returned.
The ministry said there was “no guarantee” he would be accepted back into witness protection, but the tribunal dismissed his claim on the basis there was a “real possibility” he would be allowed back into witness protection and not at risk as a result.
The Jamaican appealed the decision on the grounds that the tribunal had “failed to consider” his criminal record and mental health issues when deciding the likelihood he would be accepted into witness protection.
At the latest appeal, the upper-tier tribunal also had to decide if the lower court had used too high a standard of proof.
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https://uk.yahoo.com/news/albanian-drug-dealer-deported-third-150831892.html
I have far more sympathy for your average asylum seeker than most people. To give the example of the "autistic children" one mentioned above, I have every sympathy with his case.
But if someone has sought asylum. Had it refused. Then gone to prison for drug dealing. Deported. Then comes back as an illegal immigrant. To deal more drugs.
This doesn't need a Court Hearing. This is the sort of person for which the mere act of returning should be a criminal offence. Even my sympathy has limits.
https://www.msn.com/en-gb/news/world/jihadist-wants-to-be-deported-but-home-office-still-can-t-get-rid-of-him/ar-AA1D7GcM?ocid=msedgntp&pc=W230&cvid=02cb9993fec8444d8e1d35e00b68cf3d&ei=75
https://uk.yahoo.com/news/judge-criticised-dismissing-asylum-seeker-134840981.html