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Illegal immigrant can stay in UK, Supreme Court rules | Immigration Matters

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In a landmark case this week the Supreme Court has ruled that an illegal immigrant from Tanzania, who made false claims for asylum, has the right to stay in the UK because her two children were born in Britain, the BBC reports.

The woman arrived in the UK in December 1995 and made three unsuccessful claims for asylum, one in her own name and two using false identities.

She met a British man and they had two children, now nine and 12, who are British citizens.

The court said the woman’s immigration history was “appalling”.

The Supreme Court heard the woman, known only as ZH, arrived in the UK in 1995.

Two years after she arrived, she formed a relationship with a British man. They separated in 2005 but the father maintains regular contact with his children.

ZH made three claims for asylum, one of the which came after the children’s father was diagnosed with HIV in 2007.

All three claims failed and immigration officials told her the children could be reasonably expected to leave the UK with their mother.

But in its ruling the court said her removal from the UK would “constitute a disproportionate interference with her right to respect for her private and family life, guaranteed by article 8 of the European Convention on Human Rights”.

It said removing her would not be in the interests of her two children.

Giving the judgement, Baroness Hale said the need to maintain firm and fair immigration controls must be taken into account but the “best interests” of the children must be a “primary consideration”.

“This means that they must be considered first,” said Lady Hale. Source: BBC

Earlier this week Immigration Matters reported on a number of recent high profile immigration appeals and Human Rights cases which have gone against the government in the courts, for instance in the X-Factor contestant Gamu’s mother’s visa refusal, which was overturned on appeal, and asked whether judges were over protecting illegal immigrants in the name of ‘human rights’.

But should we blame judges for interpreting and upholding the law?

See also:

Are British judges are ‘overprotecting’ immigrant criminals’ human rights or just doing their job?

Abu Hamza wins British passport appeal bid

Wikileaks founder Julian Assange refused bail in UK court

X Factor’s Gamu Nhengu visa refusal reversed on appeal

Foreign criminals paid £1,500 to go home after serving sentence

Immigration Minister defends return scheme for foreign prisoners

If you need any immigration advice or help with Sponsorship or Work Permits, Visa, ILR/Settlement, Citizenship, dependant visa or an appeal against a refusal please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk

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12 Responses to “Illegal immigrant can stay in UK, Supreme Court rules”
Read them below or add one

  1. Want to appeal? Call 02089051822

  2. I was a student in the Uk since Nov 2005 but with changes in Immigration law in 2011 I decided to apply for permanent residencyas both my kids were born here. One is 6 yrs old and my boy is 2 yrs old now. But UKBA refused my application for residence.

    Is that fair when I never claimed any benefit and worked all these years paying taxes but not claiming anything instead?

    Anyone who can help?

  3. Mishal Shah says :

    Hi, I just wanted to ask a question. If an illegal woman is living in the United Kingdom with her husband and four kids, what rights is she entitled to when she wants to separate from her husband? Because he is unable to provide for her and the children and cannot take care of their needs which includes providing them with food which is an essential, will the Home Office do something to help her? Also noting the fact that, out or four of the children, one child was born in the United Kingdom and has full rights as a British Citizen.
    Could you please let me know what she should do, as it is very important we know.
    Thank you

  4. What was you, your children’s and your wife’s status here in the UK?

  5. emmanuel asamoah says :

    Dear sir,am a ghanaian i came to britain in the year 2000 with my wife,we had two childeren in britain and my wife dies i buried her in london 2005 they deported me and my childeren back to ghana,now my childeren they are 10 and9 years old they want to come to britain even to see where their mother was buried and is it possible for them to stay in britain?

  6. Hi Dear

    I am a girl will get birth by next month.My Mum got no UK Visa. My Dad just become a British Citizen last month.

    I will born by June I hope.

    What nationality I will be.

    Many Thanks
    ann

  7. […] Illegal immigrant can stay in UK, Supreme Court rules […]

  8. Margaret says :

    A man who is also a British Citizen bought fake documents for his own wife, got her pregnant by his own lies, then he sponsored her to stay in the U.K. and then offered to marry her. This man also already had another barren wife hiding in his own country in Africa.

    Just after he married this woman in U.K. he began to abuse her emotionally and physically….He allowed his own family to torture her, what a sick attitude is that whilst she was carrying his own child…

    He wanted his wife whom he married in the U.K. to go crazy to separate the child from her and so to give it to his barren wife in Jamaica.

    Now he is complaining about his wife to frustrate her to give up her child to him instead…Made fake allegations that she married him to stay in the U.K., that she craved for his money also that she has illegal documents to stay in the U.K. where he bought the documents himself to keep her…

    Now is it a crime to be poor and be vulnerable or be dishonest just like this evil rich british man????

  9. Margaret says :

    A man who is also a British Citizen bought fake documents for his own wife, got her pregnant by his own lies, then he sponsored her to stay in the U.K. and then offered to marry her when he already had a barren wife in his own country in Africa.

    Just after he married her he began to abuse emotinally and physically….He allowed his own family to torture her how sick is that whilst she was carrying his own child…

    Now he is complaining about her to frustrate her to give up her child…Made fake allegations that she married him to stay in the U.K. and that she craved for his money…

    Now is it a crime to be poor and be rich and dishonest just like this evil rich british man????

  10. mukish dhanbir says :

    wow, i now see how people can abuse the law and lie and still get away with it. i have been reporting on a certain woman who presented false certificates which the HO accepted and granted her an extension on her student’s visa without her even attending school, then changed her application with even more false caaussations and excessive lies and again the HO accepted and granted her stay. UNBELEIVABLE.

  11. Dear Sir/Madam,
    I want to ask you some information regrading British Citizenship.
    situation: A pakistani woman went to UK on visit visa, she was pregnant during 1986. A girl baby born and she also got a birht certificate from local authorities of Home office, there was also mentioned NHS No and entry No. as well.
    Now that girl cameback to pakistan along with her mother, and she is adult now. Now she wants to British citizenship according to to her birth in UK.
    she has filed and complete the passport C1 form. and her case is under process in immigration department.
    please advise me, is she able to get british citizenship.
    your reply will be highly appriciated.

    regards

  12. […] Illegal immigrant can stay in UK, Supreme Court rules […]

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