An Albanian criminal who was expelled from the UK three times has been allowed to remain in Britain after sneaking back in on his fourth attempt.
Erind Koka, 33, won his right to stay despite being jailed for helping to cultivate cannabis, after an immigration judge ruled he should not be deported.
The decision was upheld despite an appeal by Home Secretary Yvette Cooper.
Koka first attempted to enter the UK using false documents on a passenger plane but was refused entry and deported to Finland.
Erind Koka has won his right to stay
PASeven months later, he was found hiding in a trailer in Dunkirk and removed to France. In September 2018, he was discovered in a camper-van in Coquelles and again removed.
He finally succeeded in October 2019, entering illegally hidden in a lorry. Within a year of entering the UK, Koka was convicted of producing cannabis and sentenced to eight months in prison.
Foreign national offenders are typically only eligible for deportation if they receive sentences of more than 12 months. Koka's prison term fell below this threshold, though the Home Office still sought to remove him.
In February 2022, the Home Office decided to deport Koka, arguing his presence was "not conducive to the public good".
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Former Home Secretary Suella BravermanGettyFormer Home Secretary Suella Braverman believed Koka's offending had caused serious harm. She pursued deportation despite recognising his prison sentence fell below the normal threshold for removal.
The government can deport foreign criminals in exceptional circumstances even with shorter sentences. Koka initially sought refugee status but later withdrew this claim.
Instead, he argued deportation would breach his right to family life under Article 8 of the European Convention on Human Rights.
The court was told he had a partner and daughter living in the UK. This family connection formed the basis of his legal challenge to remain in Britain.
Lower-tier immigration tribunal judge Kyriacoulla Degirmenci ruled that Koka's offending "fell significantly short of... serious harm".
The judge noted that Koka had pleaded guilty to the cannabis charge. His involvement was deemed minimal, consisting only of watering plants on a single occasion.
This finding meant Koka did not legally fall within the definition of "foreign criminal" for deportation purposes.
Upper tribunal immigration judges Lesley Smith and David Zucker ruled there had been no error in law in the original decision. The judges added that parties and judges alike are "encouraged to narrow the issues as best they can".
Koka's appeal therefore remains allowed, securing his right to stay in Britain.
