Ghanaian convict deported for 12 years wins tribunal case because separation from his family left him depressed
By Jeph Ajobaju, Chief Copy Editor
A Ghanaian man convicted and deported from the United Kingdom 12 years ago has been allowed to return under human rights laws because separation from his family left him depressed.
An immigration tribunal led by Judge Abid Mahmood ruled that Samuel Frimpong should be allowed to come back to Britain – despite having been jailed and deported in 2013 for attempting to “circumvent” the leave to remain rules of the Home Office.
The judge said deporting him was an “unjustifiable interference” with his rights to a family life under article eight of the European Convention on Human Rights.
Frimpong was convicted in 2008, with his children – now aged 11 and 15 – born after his conviction.
His appeal to revoke the deportation order was initially rejected by a first-tier immigration tribunal.
However, Mahmood later reversed this decision at an upper tribunal hearing.
The tribunal was told Frimpong had lived a “depressive life” away from his family, while his children had found it “difficult to explain” where their father was to school friends.
They felt “socially isolated” as a result of his absence, the hearing was told, per GB News.
His wife, meanwhile, said the children “keep begging their father to come to England and always pray for his safe return.”
She said she couldn’t work full-time while caring for the children, while the family couldn’t afford to travel to Ghana.
Mahmood said the fraudster deserved a right to a family life under the controversial ECHRNO5 BARRISTERS’ CHAMBERS.
He ruled that “Despite the very heavy weight to be afforded to the public interest and the presumption of deportation, the [Home Office’s] refusal to revoke the deportation order … amounts to an unjustifiable interference with the Article 8 rights of [Frimpong], his partner and his two children.”
It would be “insurmountable” for the children to move to Ghana, separated from friends and living in a one-room home, the judged added.
“Modern means of communication have been tried in this case and have failed.”
On Frimpong’s criminality, the judge cited a probation report which said he posed “no risk” to others and had not reoffended since 2008 and “he has apologised profusely for his offending and behaviour.”
Frimpong, who is a pastor and had been studying to become an accountant before he was deported, can now apply for entry clearance to come back to the UK.
The case is the latest in which migrants or convicted foreign criminals have won the right to remain in the UK by citing breaches of the ECHR.
Similar cases include an Albanian criminal who avoided deportation after claiming his son had an aversion to foreign chicken nuggets, while a Pakistani paedophile also escaped removal as it would be “unduly harsh” on his own children.
There are now a record 34,169 outstanding immigration appeals – largely on human rights grounds.
The Telegraph adds that the father of two was deported to Ghana in 2013 after four months in jail for using a faked document to try to “circumvent” the Home Office’s leave to remain rules.
An immigration tribunal was told that Frimpong had lived a “depressive life” away from his family.
UK Prime Minister Keir Starmer has pledged to close a loophole that enabled a Gazan family to come to the UK after applying under a Ukrainian refugee scheme.
Frimpong’s case was unusual because he was appealing from abroad, having already been deported. The tribunal was told that his wife and two children had been evicted from their home following his removal from the UK.
His wife said this meant the children had to move schools, telling the hearing: “The children are somewhat socially isolated without their father and find it difficult to understand why their father is not with them and they find it difficult to explain to others at school and the like where their father is.”
She said the children “keep begging their father to come to England and always pray for his safe return, to have his attention, support and affection”. She also said she was unable to work full-time while caring for the children, so the family could not afford to travel back to Ghana.
“[She] said that [he] was very sorry and remorseful every day for what he had done. The 11 years apart had had a huge impact on the family,” the tribunal heard.
“She had not been able to visit Ghana and nor had her children, because despite living in difficult accommodation in the UK, there is little in the way of funds available to undertake any international travel.”
Arguing against, the government representative said Frimpong’s use of false documents “fundamentally undermines immigration control”.
Revoking the deportation order, Mahmood admitted Frimpong’s dishonesty had been “serious” but said it would be “insurmountable” for the children to move to Ghana, separated from their friends and forced to live in a one-room home.
“Modern means of communication have been tried in this case and have failed, as shown by the depressive lives being lived by the children and their mother here in the UK, additionally in light of the depressive life being lived by [Frimpong] in Ghana.”
On Frimpong’s criminality, Mahmood said a probation report made clear that there was no risk of harm to others and no reoffending since the original crime in 2008.
“He has apologised profusely for his offending and behaviour. He has sought to make amends by practising and assisting others in his religion,” the judge added.
Read also:
Institute urges Abuja to use indigenous professionals to tackle power supply problem
