AN ILLEGAL immigrant who used fake documents and was jailed for fraud is allowed to stay in the UK because she has lived here so long.
Joyce Baidoo overstayed in the UK for 25 years but an ruled she has been gone from Ghana for too long to send her back.
The 57-year-old has been in the UK without permission since 2000, even avoiding being when she was jailed for fraud.
issued a deportation order in 2007 following her conviction but she has remained in the UK.
Now, 25 years after her arrival, the Ghanaian has won a human rights case to stay in the UK.
Ms Baidoo argued she has been in the UK for so long she would not be able to “reintegrate”; into Ghanaian culture.
Ruling in her favour, a judge found she put forward a “very compelling”; argument when she said her “long absence”; would lead to “significant obstacles”; in her home country.
Ms Baidoo won her case at the First tier Tribunal of the Immigration and Asylum Chamber, then won again when the Upper Tribunal dismissed an appeal against the decision by the Home Office.
The Upper Tribunal was told: “[Ms Baidoo] had sought to leave to remain in the United Kingdom outside the Immigration Rules on the basis of her private life.
“Her application was made on 13 September 2021.
“[Ms Baidoo], an overstayer since 2000, is the subject of a decision to make a deportation order dated 15 May 2007.
“[She] was convicted of using false identity documents and was sentenced to [10 months].
“[She] pleaded continuous long residence, and claimed that her departure would have a detrimental effect on her mental health.
“[Ms Baidoo] also said that there would be significant obstacles to her reintegration into Ghanaian culture because of her long absence, the lack of family support and the lack of employment opportunities she would have there.
“She claimed that she would be left destitute, resulting in unjustifiably harsh consequences for her.”;
“By the date of the First-tier Tribunal hearing [she] had been in the United Kingdom for 24 years.”;
The First-tier Tribunal, was satisfied that there were circumstances in her case which outweighed the public interest in her being removed and that it would be “disproportionate”; to deport her.
First-Tier Tribunal Judge Jeffrey Cameron, sitting earlier this year, ruled: “The evidence before me does indicate that [Ms Baidoo] on return to Ghana would not have any .
“Given her age and [that she has] mental health problems it is unlikely that she would be able to within a reasonable period of time obtain employment and although she may be entitled to some support from the government by voluntarily agreeing to removal this would be short-term.”;
The Home Office appealed, arguing that the tribunal “failed to provide adequate reasons”;.
But at the Upper Tribunal has now dismissed their appeal.
Deputy Upper Tribunal Judge Richard Manuell concluded: “It was not ‘speculative’ of the Judge to conclude that Ms Baidoo would be destitute.
“He looked at various factors, including the absence of support and the period of absence and reached conclusions that were properly reasoned and open to him.
“The Judge gave cogent reasons for reaching his conclusions. Proportionality and reasonableness had been fully covered. The onwards appeal should be dismissed.
“Thus in the Tribunal’s judgment the First-tier Tribunal Judge reached sustainable findings, in the course of a thorough determination, which securely resolved all of the issues.
“There was no material error of law.”;
It comes three weeks after it was revealed with human rights claims will finally be brought to heel underplans.
The PM confirmed that he will as part of a “common sense”; crackdown.
The package will focus on cutting the hundreds of thousands who arrive legally each year.
Controls will be tightened across “every area of the immigration system”;.
And most migrants will need to have lived in the UK for ten years to be able to apply for settlement, up from the current five years.
Only highly-skilled foreign workers who demonstrate a valuable contribution to thewill be fast-tracked to ensure settlement is “a privilege that must be earned, not a right”;.
English tests will be toughened, and family members of overseas workers will also for the first time need to speak the language and demonstrate a “commitment to integration”;.
Almost a million people in England can barely speak the language, leaving them struggling to integrate.
, who have contributed to big rises in net migration in recent years.
Recent cases have seen foreign offenders granted permission to stay after invoking their “right to a family life”; under Article 8 of the
One Albanian drug dealer even tried to fight his deportation because
