Alcoholic immigrant with 80 CONVICTIONS can't be deported – because of human rights law
A LIBYAN criminal with nearly 80 convictions cannot be deported – because he is an alcoholic.
He cannot abstain from consuming alcohol when alcohol is available
The man, known only as HU, argued that he risked imprisonment in his homeland where drinking alcohol is illegal.
The 53-year-old has been convicted of 78 different offences – and spent time in jail – since arriving in Britain as a student in 1981.
The upper immigration tribunal said the man's "disgraceful" behaviour was "largely and possibility excessively" because of his alcoholism.
But the court controversially ruled that he has a "right to family life in the UK".
The Home Office, which will take the case to the Court of Appeal, suggested that HU could abstain from alcohol.
However, a British-Libyan researcher told the court that "commercially produced alcohol" is available in the Libyan capital, Tripoli, and 'moonshine" is "readily available elsewhere".
The judge said: "The claimant's history of addiction is such that he cannot abstain from consuming alcohol when alcohol is available."
HU was sent five letters by the Home Office warning that he was at risk of deportation, the court heard.
He was then served with a deportation notice in 2008, but appealed, arguing that it would breach his human rights – and won.
Tory candidate Dominic Raab criticised the "skewed human rights laws" for allowing HU to stay in the country.
He said: "This case highlights the increasingly-elastic approach to human rights taken by the immigration tribunal, which undermines public protection and erodes democratic accountability.
In 2013 Chris Grayling, the Justice Secretary, also called for reform of the Human Rights Act to make it easier for Britain to deport criminals.
He said: "If anybody said to me I think we need to deport more foreign prisoners and foreign offenders, I would agree wholeheartedly."
"Very often attempts to deport [foreign prisoners] run into problems with the Human Rights Act, which is another reason why human rights laws need to change.
"We're working hard on prisoner transfer agreements with other countries. We're working hard to speed up the process."
Correction
This article was amended on 12 May 2015. It previoulsy referred to the Human Rights Act as the EU Human Rights Act which was incorrect. The Human Rights Act is UK legislation.
