A Colombian migrant who committed 27 offences to fund his drug and drink habit has avoided deportation under European human rights rules.
The 46-year-old man has amassed 12 convictions since arriving in Britain as a teenager in the 1990s - and despite his persistent offending, a lower tribunal judge has ruled he can remain in the UK.
The migrant arrived in the UK when he was 16 years old and was granted indefinite leave to remain in 2007, despite initially being rejected for asylum.
In 2016, he was convicted of breaching a restraining order against his former partner, with whom he shares a child.
The 46-year-old man has amassed 12 convictions since arriving in Britain as a teenager in the 1990s
PA
He received an eight-week prison sentence, which was extended by 11 weeks for three previous driving offences.
In February 2020, he was detained pending removal under a deportation order, then in October 2024, first-tier tribunal judge Kuldip Phull granted the man permission to remain in the UK under Article 8 of the ECHR, which entitles people to a family life.
The judge ruled he had lived in the UK "lawfully for over half his life" and was "socially and culturally integrated".
She added there would be "very significant obstacles" to his reintegration in Colombia, and that deportation would be "unduly harsh" on his son, who has "undiagnosed autism".
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Despite the migrant's persistent offending, a lower tribunal judge has ruled he can remain in the UK
PAHowever, the Home Office has since appealed the decision, arguing Judge Phull had "erred in the assessment of very significant obstacles".
Officials said she gave "inadequate" reasoning for why the man had "no real ties" in Colombia, despite evidence of family there who could support him.
They also argued there was "no evidence" his son would be "adversely impacted" by his deportation.
The Home Office further claimed the judge failed to give proper weight to the man's "repeat offending" - and has successfully applied to have his case reheard.
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After hearing the department's argument, upper tribunal judge Sandip Kudhail ruled the case should be reheard.
She determined the previous judge had made an "error of law" in her assessment.
There are currently a record 41,987 outstanding immigration appeals, largely on human rights grounds - with recent cases including a Ghanaian drug dealer allowed to stay over "witchcraft" fears back at home, and a paedophile migrant who will not be deported because he has a child in the UK.
