The Case
A 51-year-old Pakistani man convicted of criminal property offences has successfully challenged his deportation from the UK after an immigration tribunal ruled it would be "unduly harsh" due to his 14-year-old daughter's mental health. The man, identified only as IA, arrived in Britain in 2000 and has lived lawfully for the past 13 years. He has a wife and two daughters, all British citizens, with the younger daughter aged 14.
IA was sentenced to three years in prison in 2021 for offences involving criminal property, which automatically triggered deportation proceedings. The Home Office sought his removal, but he appealed on human rights grounds.
Daughter's Mental Health
The tribunal heard that the teenage daughter had been "struggling to cope, with disrupted eating and sleeping" at the prospect of her father's deportation. A counsellor's report revealed she had developed a "control-and-release cycle" with food, raising fears of an eating disorder. She had become isolated, stopped attending school, cut off contact with friends, and expressed suicidal thoughts.
The girl shares a very close bond with her father, which was traumatised by his imprisonment and the ongoing threat of removal. Her mother suffers from lupus, diabetes, and a history of strokes, leaving IA as her primary carer. A council social worker expressed "significant concerns" about the daughter's wellbeing.
Tribunal Decision
Upper Tribunal Judge Joseph Neville concluded: "F is described as struggling to cope, with disrupted eating and sleeping. IA's deportation would leave F without a capable primary carer. I find that the effect of deportation on F would be unduly harsh." The ruling grants IA the right to remain in the UK.
Government Response
The decision comes as Home Secretary Shabana Mahmood proposes law changes to limit the ability of foreign criminals and illegal migrants to rely on human rights arguments to block deportation. She also aims to speed up immigration appeals to curb last-minute claims.
