by Giuseppe De Santis
Another story highlights why the UK should leave the European Convention on Human Rights. It’s a decision that many find deeply unjust and a mockery of the legal system!
A tribunal has ruled that a convicted Ghanaian criminal, who was deported from Britain 12 years ago, should be allowed to return. The Tribunal’s decision was based on the argument that his separation from his children has caused him depression, raising concerns about human rights.
Samuel Frimpong was sentenced to four months in jail for attempting to evade the Leave to Remain regulations using a forged document, as stated by an immigration judge. The father of two was subsequently deported to his home country, where he has been living a life marked by depression, far from his family, according to the hearing.
Mr Frimpong’s children, aged 11 and 15, were born after his initial conviction. The Tribunal heard that they find it difficult to explain their father’s absence and feel socially isolated as a result. Following his conviction in 2008, Mr Frimpong was subject to a deportation order and left the country in 2013. At that time, he was granted permission to appeal the deportation, but he went into hiding and was subsequently listed as an absconder.
In November 2022, an immigration officer informed him that his deportation order would not be revoked. He appealed this decision, but a First-Tier Immigration Tribunal denied his case in February last year.
After appealing to the Upper Immigration Tribunal, Judge Abid Mahmood revoked the deportation order, ruling that it constituted an ‘unjustifiable interference’ with his human rights.
He appealed under Article 8 of the European Convention on Human Rights, claiming that his right to family life, as well as that of his wife and children, had been ‘interfered with.’
At the hearing, Mr Frimpong’s wife, who the Tribunal did not name, said the family had been evicted following his deportation. She said: “The immediate after-effects of the deportation included being evicted from their original home and having to move schools. The children are somewhat socially isolated without their father and find it difficult to understand why their father is not with them. They also find it difficult to explain to others at school where their father is.”
Some argue that the judge adhered to the law; if that’s true, the law must be changed. The current situation is untenable and demands immediate action.
Imagine if every father in the UK who broke the law told the judge: “You cannot send me to jail because my children would experience social isolation without me, and they might struggle to explain to their classmates where their father is.”
The court would respond swiftly: “You should have thought of that before you broke the law!” However, if the court is an immigration court or a Tribunal, that criminal is treated very differently!
Mr Frimpong should not have come to the UK and broken our laws. If he is depressed, he should seek counselling and medication in Ghana. Mrs Frimpong said she does not have the money to go to Ghana. However, the government could fund the flight for her and her children, or a donation drive could raise the money for a one-way ticket. It would fulfil Mr Frimpong’s right to a family life.
This situation is clearly unacceptable. Britain must leave the 1951 UN Refugee Convention and the European Convention on Human Rights. The three main political parties will not address this issue. The British Democrats offer a beacon of hope, with the determination and policies necessary to bring about the change we desperately need.
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