A dangerous robber who used a hunting knife with a 6-7 inch blade to threaten and steal valuables from a passenger on a train can be deported, the High Court has ruled.
Daha Essa, a Somali by birth who became a Dutch national and then moved with his mother to the UK aged 12, now faces being sent back to The Netherlands.
Essa was sentenced at Snaresbrook Crown Court, London in April 2008 to five years detention for what the trial judge described as a “very frightening” attack.
The Home Office told him in 2010 that he was to be deported in the interests of public security.
Essa, now 23, appealed unsuccessfully to the First Tier Tribunal (Immigration and Asylum Chamber) which said he was guilty of a “shocking” offence.
The tribunal (FTT) also noted “a certain risk of him relapsing into crime and causing serious harm to others”.
Essa applied for a judicial review before Mrs Justice Lang at the High Court in London after he was refused permission to renew his appeal to the Upper Tribunal (Immigration and Asylum Chamber).
His lawyers argued that the FTT failed to consider the relevance of his “greater potential for rehabilitation” in the UK than in The Netherlands, as required under EU regulations.
Essa’s ambition was to train as a plumber in England, with financial support from his siblings.
His legal team also contended that the FTT should have considered whether his removal “was in the interests of the EU as a whole” since it merely transferred the risk of reoffending from one member country to another.
Mrs Justice Lang rejected all Essa’s grounds of challenge. Clearing the way for deportation, the judge ruled that the FTT did not misunderstand assessments of the risk of him re-offending. Nor had it given undue weight to the seriousness of the robbery committed in January 2007, which had led to the decision to deport. Source: Evening Standard.
Contrary to popular belief, EU nationals can be deported from the UK. However, most deportation decisions are appealed in the UK courts or First Tier Tribunal and sometimes all the way to the European Court of Human Rights (ECHR).
Cynthia Barker, of OISC registered immigration appeal specialist advisers Bison Management said they are ‘busier than ever’ with appeal cases:
‘We have seen more and more clients, especially in the last six months who wish to appeal against refusals by the UK Border Agency or British Embassy visa sections.
‘Bison has won a huge number of appeals including cases on human rights grounds for an overstayer.
‘But the work doesn’t stop once the appeal has been granted. Getting the UKBA or British Embassy to issue the visa is proving more difficult than ever!’
Immigration appeals normally start at the First Tier Tribunal.
The Immigration and Asylum Chambers were established on 15 February 2010 in both tiers of the Unified Tribunals framework created by the Tribunals, Courts and Enforcement Act 2007. The new chambers replace the former Asylum and Immigration Tribunal (AIT).
If you need any immigration advice, have been served with a removal or deportation order, or need advice on an appeal against a refusal please email: