An Albanian criminal, Ardit Binaj, has successfully returned to the UK after being deported, leveraging the European Convention on Human Rights (ECHR) to claim his right to family life. This case has reignited debates over the UK’s relationship with the ECHR and its implications for immigration policy.
Key Takeaways
- Ardit Binaj, 32, was deported after serving part of a prison sentence for burglary.
- He re-entered the UK illegally to be with his girlfriend, who has the right to remain under the EU settlement scheme.
- Binaj’s claim to stay was based on Article 8 of the ECHR, which protects the right to family life.
- The case has prompted calls for the UK to reconsider its membership in the ECHR.
Background of the Case
Ardit Binaj was initially sentenced to two and a half years in prison for burglary. After serving just six months, he was deported to Albania as part of a prisoner transfer agreement. However, he managed to sneak back into the UK within months, violating the deportation order.
Binaj’s return was motivated by his desire to be with his Lithuanian girlfriend, Diana Bolgova, who had legal status in the UK. The couple later had a child and married, which became central to Binaj’s legal argument for remaining in the country.
Legal Arguments and Court Rulings
Binaj’s legal team argued that deporting him would violate his Article 8 rights under the ECHR, which guarantees the right to family life. The tribunal accepted that separating him from his wife and child would be "unduly harsh," especially given his wife’s mental health struggles stemming from family tragedies.
Despite Binaj’s illegal employment status in the UK, the judge ruled in his favor, stating that the potential impact on his family outweighed the public interest in deporting a convicted criminal. This decision was upheld by an upper immigration tribunal, further complicating the Home Office’s efforts to enforce immigration laws.
Political Reactions
The case has sparked significant political debate, particularly within the Conservative Party. Former Prime Minister Boris Johnson has called for a referendum on the UK’s membership in the ECHR, arguing that it undermines the country’s sovereignty and immigration control.
Key figures in the party have expressed varying views:
- Robert Jenrick: Advocates for leaving the ECHR entirely, claiming it has become a "charter for criminals."
- Tom Tugendhat: Open to the idea of leaving the convention.
- Kemi Badenoch: Not ruling out leaving but emphasizes that it won’t solve the underlying issues.
- James Cleverly: Opposes leaving the ECHR.
Home Office Response
In response to the ruling, a Home Office spokesperson reiterated the government’s commitment to enforcing immigration laws and deporting foreign criminals. They highlighted a recent surge in immigration enforcement, with thousands of individuals already being returned since the new government took office.
The Home Office aims to increase the number of deportations by over 20%, contrasting with previous policies that allowed many individuals to remain in the UK indefinitely.
Conclusion
Ardit Binaj’s case exemplifies the complexities surrounding immigration law and human rights in the UK. As debates over the ECHR intensify, the implications for future immigration policy and the rights of foreign nationals remain uncertain. This case not only highlights the legal challenges faced by the Home Office but also raises questions about the balance between human rights and national security.
Sources
- Deported Albanian sneaks back into UK – and uses ECHR to stay, The Telegraph.
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