An Albanian migrant who was deported after being convicted of drug dealing has won the right to a fresh appeal against the refusal of his asylum claim. The man, identified only as LM, had re-entered the UK illegally after his deportation and was detained in Essex where he claimed asylum.
LM was jailed for two and a half years in 2019 for possession with intent to supply cocaine, driving without insurance, and driving otherwise than in accordance with a licence. He was deported to Albania but returned to the UK three months later and claimed asylum, stating he had been a victim of trafficking.
The Home Office refused his asylum application on the grounds that he had committed a particularly serious crime and posed a danger to the community. An initial appeal to the First-tier Tribunal was dismissed, but the Upper Tribunal later overturned that decision due to legal errors.
Upper Tribunal Judge Karim-ullah Khan found that the original tribunal failed to properly consider whether LM's offences might have been linked to his experience as a trafficking victim, and whether he still posed a danger. The judge also noted that a psychiatric report indicating PTSD from trafficking was not properly considered.
The Home Office argued that LM could safely relocate within Albania, citing his stay in Sarandë for three weeks without incident, and that there was no evidence he could not live independently. However, Judge Khan disagreed and ordered a fresh hearing before a different judge.
