Duncan Lewis


Asylum, Detention/ Fast Track

Managed Migration, Public Law

A deported offender re enters Britain and secures his stay under article 8 of ECHR

Date: (19 June 2012)    |    

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Alfred Kryemadhi who was found guilty of wounding a man in a brutal attack was deported to his home country Kosovo by the immigration officers.
But just a month after his removal he sneaked back into Britain and reunited with his wife. She had obtained British citizenship, subsequently, for herself and her children claiming before the officials that she had separated from her husband which was found to be untrue by a judge.
Still Kryemadhi launched legal action to stay in the UK on the basis of his children’s citizenship.
Now the senior immigration judge has ruled that Kryemadhi’s right to family life under the British law played a decisive role in overturning the desire of the Home Office to deport him again as it was disproportionate.
It is believed that it could be the first time that judges have allowed an overseas offender who had been deported earlier to stay in the country even though he re entered illegally.
Kryemadhi, 37, first came to Britain in March 2001 in the back of a lorry. He claimed asylum on the grounds that as an ethnic Albanian in Kosovo, then under Serb control, he was at risk of persecution. His asylum application was rejected. He went for an appeal against his the refusal of asylum but meanwhile was convicted of wounding with intent to cause grievous bodily harm at Southampton Crown Court.
The incident involved a violent row between Kryemadhi and another man because the victim had showed unwanted attention towards his wife. He was jailed for 30 months in October 2002 and the Home Office began legal proceedings to have him deported. Eventually in February 2007 he was removed to Kosovo. Within a month he could re enter Britain, nobody knows how, and set up home with his family again in Portsmouth.
However, in 2008 Mrs Kryemadhi wrote to the Home Office, claiming that she and her husband were now living apart, saying that she wanted to make an application for indefinite leave to remain (ILR) in Britain for herself and her children. She and her children were permitted to stay and now have citizenship.
In 2009, Kryemadhi wrote to the Home Office for permitting him to stay here legally, but was told that he was liable for detention and deportation, and then he appealed and lost his case.
In the appeal hearing the truth about his wife’s claim to have separated from him was revealed to be false and it was concluded that she had won citizenship by way of a fundamental untruth of which she was fully cognisant.
Basing on their lies and finding them to be unreliable witnesses Kryemadhi’s case was opened for deportation which went to the appeals court where it was argued that the children were British citizens hence to protect his family life under Article 8 of the ECHR he should not be deported again.
Lord Matthews, in the Upper Tribunal Immigration and Asylum Chamber, ruled that the status of the wife and children were not given enough weight such as to amount to an error of law. The issue was whether deportation would be disproportionate or not and it was concluded that it was, hence the appeal was allowed.
Sources said Mrs Kryemadhi’s British citizenship is now being reviewed.