Samuel Frimpong, a Ghanaian criminal deported from the UK, will be allowed to return after a tribunal found separating him from his family violated his family’s right to a private life under the ECHR. The tribunal emphasized the negative impacts on his children, who faced social isolation due to his absence. Judge Mahmood acknowledged the severity of Frimpong’s past offenses but asserted that family unity and mental health considerations outweighed these concerns.
Samuel Frimpong, a Ghanaian criminal deported from the UK 12 years ago, has been allowed to return due to his family’s distress and his own depression resulting from separation. An immigration tribunal determined that his deportation breached Article 8 of the European Convention on Human Rights, which protects the right to family life. Frimpong was originally deported in 2013 after serving four months for using a fraudulent document to evade immigration rules.
In the tribunal, it was revealed that Frimpong lived a “depressive life” in Ghana, and his absence had severely impacted his children, aged 11 and 15. They faced social isolation and struggled to explain their father’s absence to peers. Despite an initial rejection of his appeal by a first-tier tribunal, Judge Abid Mahmood later ruled that the Home Office’s refusal to revoke his deportation was unjustifiable regarding Frimpong’s rights.
The case highlights a trend where deported individuals, including criminals, are able to challenge their deportations on human rights grounds, significantly impacting the UK’s immigration policies. It was noted that there are over 34,000 outstanding immigration appeals, many based on similar grounds. Frimpong’s wife explained the challenges faced by their family, including moving schools due to eviction.
Judge Mahmood acknowledged Frimpong’s past dishonesty relates directly to his immigration offenses but noted that moving to Ghana would unduly harm his children, who would face a traumatic adjustment. The judge also indicated there was no risk of reoffending on Frimpong’s part, affirming his efforts to rehabilitate by supporting others in his faith and engaging in community activities.
The immigration tribunal’s ruling allows Samuel Frimpong to return to the UK, emphasizing the significance of family rights under the ECHR. Despite his prior convictions, the court prioritized the emotional well-being of Frimpong’s children and their right to have their father in their lives. This ruling reflects a broader trend in immigration cases where human rights considerations are increasingly influential in overturning deportation orders.
Original Source: www.telegraph.co.uk
