Samuel Frimpong, a Ghanaian deported from the UK for fraud, has been allowed to return due to human rights concerns. An immigration tribunal ruled that his deportation unjustly separated him from his family, causing severe emotional distress. His case illustrates ongoing issues in immigration policy, particularly regarding familial rights under the ECHR.
Samuel Frimpong, a Ghanaian national deported from the United Kingdom twelve years ago, has received permission to return due to his severe emotional distress from being separated from his family. An immigration tribunal ruled that his deportation would infringe upon his familial rights under Article Eight of the European Convention on Human Rights (ECHR).
Frimpong, who served four months in prison for attempting to use a forged document to circumvent immigration laws, has faced significant emotional challenges since his departure. His two children, aged 11 and 15, born after his conviction in 2008, struggled to cope with their father’s absence, leading to feelings of social isolation.
Although a first-tier immigration tribunal initially denied his appeal, this decision was overturned by Judge Abid Mahmood. The judge concluded that the refusal by the Home Office to revoke Frimpong’s deportation order was unjustified and an infringement upon the family’s rights. This case highlights a trend where convicts have successfully cited human rights laws to remain in the UK.
Furthermore, the tribunal learned that Frimpong’s wife and children faced eviction due to financial instability linked to his deportation, forcing them to relocate and changing the children’s schools. His wife testified to the ongoing emotional toll, revealing that the children frequently begged for their father’s return, wishing for his support and presence.
While the government representative argued Frimpong had undermined immigration controls with his initial deception, the judge noted the challenges the children would face if relocated to Ghana, deeming such a move insurmountable. Furthermore, the probation report indicated Frimpong posed no threat to public safety and had shown remorse for his past actions. With this ruling, Frimpong may now formally seek entry clearance to return to the UK, where he had previously been studying to become an accountant and is now a pastor.
Samuel Frimpong’s case underscores the complexities of immigration law, particularly regarding family reunification and human rights. The ruling reflects the tribunal’s recognition of the significant emotional and social challenges faced by his family in his absence. The decision highlights ongoing debates surrounding the balance between public interest and individual family rights within the immigration system.
Original Source: www.telegraph.co.uk