A drug-addicted migrant with 42 convictions has won the right to remain in the UK after a judge ruled he would “struggle mentally” if deported to Uganda. The 44-year-old man, identified only as MW, first arrived in Britain at the age of six and was granted indefinite leave to remain.
However, since then he has built up a prolific criminal record, including robbery, drug dealing, fraud and burglary. Despite repeated attempts by the Home Office to deport him, an immigration tribunal has ruled he must be allowed to stay. The decision means that, although he cannot claim refugee status or humanitarian protection, he has been granted permission to remain in the UK on human rights grounds.
MW’s history includes a two-year prison sentence in 1999 for robbery and possessing a blade, a two-month term for fraud in 2001, and three years and six months for robbery and actual bodily harm in 2008.
He also served 18 months in 2017 for supplying heroin and cocaine, reports the Telegraph.
Despite this record, the tribunal concluded that deporting him would breach his rights under UK law, citing mental health concerns, substance abuse issues, and a lack of support in Uganda.
The judgment read: “The main concern with regard to the appellant relocating to Uganda is the length of time which he has been away from the country coupled with his vulnerability as an individual suffering from PTSD with a history of drug and alcohol abuse and the lack of support in Uganda.”
It continued: “I find that it is more likely than not that the appellant would struggle mentally on his return to Uganda, that he would have a real lack of emotional support to assist him in reintegrating and that his mental health will impact on his ability to find employment, accommodation and forge links in Uganda.”
The Home Office had rejected MW’s protection claims, including his argument that, as a gay man, he would face persecution in Uganda. He is also a father of four children in the UK, the hearing was told.
Officials also pointed to his extensive criminal record as evidence he posed a “danger to the community.”
Although the judge agreed that MW did not qualify for asylum or humanitarian protection, they ruled he met the exception to the public interest in deportation for foreign criminals sentenced to less than four years in jail.
Such an exception, under British immigration law, considers factors such as the length of time an individual has lived in the UK, family ties, and mental health issues.
MW was facing sentencing for yet another burglary offence while the appeal was still under consideration.
While the Home Office was initially granted permission to appeal the tribunal’s decision, that appeal has now been dismissed — meaning the ruling stands and MW will not be removed from the country.
Express.co.uk has contacted the Home Office for comment.