An illegal migrant jailed for fraud for using fake documents has been allowed to stay in Britain because she has lived here so long. Joyce Baidoo, 57, overstayed in the UK for 25 years, but an immigration court ruled she cannot be deported to Ghana because she has been away from Africa too long to send her back.
Baidoo has been in Britain without permission since 2000. She was ordered to leave by the Home Office in 2007 when she was jailed for 10 months after being convicted of using false identity documents.
But she has remained in the UK.
Now, 25 years since her arrival, the Ghanaian national has won a human rights case to stay in Britain.
Baidoo successfully claimed that she had been in the UK for so long she would not be able to “reintegrate” into Ghanaian culture.
Ruling in her favour, a Judge found she presented a “very compelling” argument when she claimed her “long absence” would lead to “significant obstacles” in her home country.
Baidoo won her case at the first-tier tribunal of the Immigration and Asylum Chamber, then won again when the upper tribunal dismissed an appeal against the decision by the Home Office.
The upper tribunal was told Baidoo had sought leave to remain in the UK outside the Immigration Rules in September 2021 on the basis of her private life.
The tribunal was told: “She pleaded continuous long residence, and claimed that her departure would have a detrimental effect on her mental health.
“She also said that there would be significant obstacles to her reintegration into Ghanaian culture because of her long absence, the lack of family support and the lack of employment opportunities she would have there.
“She claimed that she would be left destitute, resulting in unjustifiably harsh consequences for her.”
Judge Jeffrey Cameron, who sat at the first-tier tribunal, ruled: “The evidence before me does indicate that Ms Baidoo on return to Ghana would not have any family support given that her husband has died, and she has no contact with her children.
“Given her age and [that she has] mental health problems it is unlikely that she would be able to within a reasonable period of time obtain employment and although she may be entitled to some support from the Government by voluntarily agreeing to removal, this would be short-term.”
The Home Office argued in its appeal, that the tribunal “failed to provide adequate reasons”.
But Judge Richard Manuell, sitting at the upper tribunal, dismissed the appeal.
He concluded: “It was not ‘speculative’ of the judge to conclude that Ms Baidoo would be destitute.
“He looked at various factors, including the absence of support and the period of absence, and reached conclusions that were properly reasoned and open to him.
“The judge gave cogent reasons for reaching his conclusions.
“Proportionality and reasonableness had been fully covered. The onwards appeal should be dismissed. There was no material error of law.”
The Government recently announced proposals to stop courts blocking removals with a “spurious reading of immigration rules” as part of a “common sense” crackdown.
The package will focus on cutting the hundreds of thousands who arrive legally each year.
Most migrants will need to have lived in the UK for 10 years to be able to apply for settlement, up from the current five years.
Recent cases have seen foreign criminals granted permission to stay after invoking their “right to a family life” under Article 8 of the European Convention on Human Rights [ECHR].
An Albanian drug dealer tried to fight his deportation because his son did not like foreign chicken nuggets.
