Drug dealer living in Ipswich wins appeal against deportation

Home Office figures show 584 people were receiving Section 95 support in Redbridge at the end of Jun

The Home Office had argued that removal would not be in breach of Article 8 of the European Convention on Human Rights - Credit: PA

A man living homeless in Ipswich has successfully appealed against being deported to Afghanistan.

The man, who has been granted anonymity by the Upper Tribunal of the Immigration and Asylum Chamber, had previously been refused a claim against deportation under the UK Borders Act.

He failed to obtain immigration status from the Home Office in 2018, despite claiming to have escaped from a Taliban cave and fled to the UK three years earlier.

The Home Office had not accepted that he had been forcibly taken by the Taliban, or that he escaped and had received threats.

After serving a 14-month prison sentence for being concerned in the supply of class A drugs, the man lost a First-tier Tribunal appeal against removal and had since been living homeless in Ipswich. 

A consultant clinical psychologist concluded the man met the criteria for a diagnosis of a depressive order, presenting with a mixture of chronic and complex post-traumatic stress disorder.

The consultant found that the risk of self-harm or suicide would likely increase in the event of the man being forcibly sent back to Afghanistan.

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Meanwhile, a cognitive behavioural therapist reported that the man presented with severe depression and "frequent suicidal ideation" with some planning.

A consultant forensic psychiatrist said the man's PTSD was likely to have been caused by trauma experienced in Afghanistan, or during his journey to the UK. 

The man said he was worried about leaving his support network in Ipswich and had made an attempt on his own life when previously sent out of the area for emergency accommodation.

Upper Tribunal Judge Jeremy Rintoul found no evidential basis for the Home Office's submission that the man's diagnoses of severe depressive episodes were predominantly due to his failure to obtain immigration status in the United Kingdom.

The judge said he was satisfied the appeal fell to be allowed on humanitarian protection grounds and that his removal would be disproportionate. 

In May, a failed asylum seeker whose dangerous driving killed another motorist on the A14 won an appeal against deportation.

The man, who was also granted anonymity by an upper tribunal judge, was responsible for the death of a mum in a collision on the A14 near Ipswich.

He had become automatically liable for deportation after serving a custodial sentence for causing death by dangerous driving.

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