A Jamaican drug dealer, Shawn Rickford McLeod, 40, has been allowed to remain in the UK despite a deportation order, after he promised to only smoke cannabis and refrain from selling the drug. McLeod, who has been in the UK since 2000, was sentenced to three years and four months in prison for three counts of supplying class A drugs.
Following his conviction, McLeod appealed the deportation order, citing his right to family life under Article 8 of the European Convention on Human Rights (ECHR), as he has three young children living in the UK with his wife. Judge David Chaim Brannan at a lower immigration tribunal ruled in McLeod’s favour, stating that deportation would be “unduly harsh” on his children and that McLeod genuinely wanted to avoid reoffending, except for his continued use of cannabis. Despite his legal issues, McLeod informed both his probation officers and the judge that he intended to continue using cannabis if allowed to stay in the country.
The decision was appealed by the Home Office, which was supported by an upper tribunal judge, Karim-ullah Akbar Khan, in December. The case was referred back to the lower court for reconsideration.
This case is one of many highlighted by The Telegraph UK, which has reported on instances where illegal migrants or convicted foreign criminals have used human rights laws to delay or prevent deportations. One such case involved an Albanian criminal who avoided deportation after claiming his child had an aversion to foreign chicken nuggets, while a Pakistani paedophile was allowed to remain in the UK due to the perceived impact on his children.
With 34,169 outstanding immigration appeals in the UK, primarily on human rights grounds, the issue has raised concerns about the effectiveness of current immigration laws. Political leaders, including Conservative Party leader Kemi Badenoch and Labour’s Shadow Home Secretary Chris Philp, have called for reforms to human rights legislation, arguing that it allows foreign criminals to remain in the UK.
Judge Brannan’s ruling acknowledged that the 2002 Immigration Act mandates the deportation of anyone jailed for less than four years, unless it would be unduly harsh on their children. Although Brannan recognized McLeod’s desire to care for his children, he also warned that it would be irresponsible for McLeod to do so while under the influence of cannabis, noting the potential harm to his ability to care for his family.
The Home Office has expressed strong disagreement with the ruling, reaffirming its commitment to deporting foreign criminals and removing barriers to swift deportation. The case has sparked ongoing debate about the interpretation of human rights laws and their impact on the UK’s immigration system.
