A convicted county lines gang leader has successfully avoided deportation to Nigeria after making a claim under the European Convention on Human Rights (ECHR), arguing that his removal would breach his right to a family life and deny him adequate mental health treatment.
The 29-year-old Nigerian national, who has been granted anonymity by the courts, was convicted of drug dealing and sentenced to eight years in prison. However, following his appeal, the courts ruled in his favor, preventing his deportation to Nigeria.
In his legal argument, the convicted drug dealer claimed that being sent back to Nigeria would breach his Article 3 rights under the ECHR. This article protects individuals from inhuman or degrading treatment, and the man argued that his mental health issues would not be properly treated in Nigeria, where psychiatric care was allegedly inadequate.
Early Life in the UK: A History of Crime
The man arrived in the UK at the age of 10, originally coming from Nigeria with his family. However, he overstayed his visa and remained in the country illegally. By the age of 15, he was already involved in drug dealing, and by the time he was 21, he was convicted of possessing cocaine and heroin with intent to supply.
Despite receiving a suspended sentence for the initial drug offence in 2016, he continued his illegal activities. He was later found to be running an “efficient” drugs line in Farnborough, using trusted individuals, including a 17-year-old, to distribute drugs. His network, which was advertised on social media, earned him and his girlfriend up to £5,000 a week.
The police investigation led to his conviction and an eight-year sentence in 2018.
Claims Against Deportation: A Family Life and Mental Health Struggle
The Home Office sought to deport the man upon his release, citing his criminal convictions and his continued involvement in crime as reasons for removing him. However, the man’s legal team argued that deportation would be too harsh.
They claimed that he would be unable to reintegrate into Nigerian society, as his family ties were weak. His half-brother had been deported to Nigeria previously and could not support him, while his mother told the tribunal that key relatives in Nigeria, including his grandmother and aunt, had passed away. However, the tribunal found the mother’s claims of their deaths to be “a work of fiction,” as no death certificates were provided.
The lower tribunal also rejected claims that deportation would severely impact his partner and child, noting that she had a strong family network to rely on.
However, the man’s legal team argued that the lack of appropriate mental health care in Nigeria was a key factor in the decision to allow him to remain in the UK. The tribunal initially rejected this argument, dismissing the claim that Nigeria’s health system could not provide adequate care for his mental health needs.
Court Ruling: Legal Errors and Appeal Victory
The initial ruling against deportation was overturned after an appeal to the upper tribunal. The appeal judges found that the original tribunal had made significant legal errors.
The tribunal had failed to apply the correct standard of proof when assessing his claims, and it had not adequately considered his deep ties to the UK, where he had lived since he was a child.
As a result, the appeal court remitted the case for further consideration by a new judge, effectively preventing the deportation for now.
