By American Renaissance | Created at 2024-10-31 00:20:43 | Updated at 2024-10-31 19:33:25
19 hours ago
Posted on October 30, 2024
Ed Holt, Daily Mail, October 28, 2024
A Portuguese robber and drug dealer was able to stay in the UK because a court ruled that allowing him to be deported would upset his mother.
Fabio Indiai used Article 8 of the European Convention on Human Rights to argue that if he was forcibly removed from Britain it would harm his mother’s mental health.
The article protects an individual’s right to a family or private life.
In 2021, Indiai was sent to prison for four years and two months for intent to supply class A drugs after police caught him with more than £1,000 of cocaine, MDMA and ketamine.
Before this, several years earlier in 2012, he had served 18-months in a youth jail for robbery.
He was not deported by the home office in 2014 but after his most recent offences they sought to remove him.
The Times reported that Indiai used Article 8 to challenge the decision and won. The Judge cited the impact on his mother for this decision where he said she was reliant on Indiai for ‘day-to-day support.’
Indiai is not the first person to use article 8 to avoid deportation. In 2021 an Albanian asylum seeker claimed he was the victim of human trafficking and if he was deported it would put him at risk of being re-trafficked.
His case was at first dismissed but when it was escalated from a first-tier immigration tribunal to the Upper Tribunal.
Here a judge concluded that the initial tribunal had ‘failed to take adequate account of the appellant’s significant mental health problems’.
