A Jamaican cannabis dealer has avoided deportation from the UK after promising a judge he would only smoke the drug rather than sell it.
Shawn Rickford McLeod, 40, successfully appealed against his deportation order by arguing it would be detrimental to his family life.
The controversial ruling allows McLeod to remain in Britain despite his previous conviction for supplying class A drugs, for which he served a three-year and four-month prison sentence.
McLeod openly stated he would continue to smoke cannabis regardless of whether he was deported.
McLeod openly stated he would continue to smoke cannabis regardless of whether he was deported
GETTY
McLeod has lived in the UK for 25 years, having arrived in the country when he was 15 years old.
He has three children and a wife in Britain, whose rights were considered under Article 8 of the European Convention on Human Rights.
While possession of cannabis, a class B drug, can result in up to five years imprisonment, Judge David Chaim Brannan ruled it would be "unduly harsh" to deport the father-of-three.
The judge accepted that McLeod "genuinely wants to avoid reoffending so he can care for his children", despite his intention to continue using cannabis.
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Shadow Home Secretary Chris Philip condemned the ruling as "mind-boggling" and "appalling", saying: "These foreign criminals should all be kicked out."
Speaking to The Telegraph, he accused immigration judges of being "more interested in letting foreign drug dealers and paedophiles stay in the UK than in upholding the law and protecting the British public from likely re-offending".
"This farce has to end, and it's clear fundamental changes to human rights laws are needed," Philip added.
Judge Brannan acknowledged concerns about McLeod's cannabis use in his ruling, saying: "Put bluntly, you cannot look after your children properly or do a job properly if you are stoned," the judge stated.
He warned that cannabis use was illegal and "inevitably means that users end up in contact with drug dealers and connected to their criminal world".
The judge expressed concern that McLeod could go down "a slippery slope to using heroin and dealing again".
However, Judge Brannan concluded that McLeod had "the power to decide what to do" and accepted his commitment to avoid reoffending, except for cannabis use, for his children's sake.
The Home Office has strongly opposed the ruling, stating they "vigorously contested" the case last year.
Shadow Home Secretary Chris Philip condemned the ruling as "mind-boggling" and "appalling"
PA"We have been clear that we do not agree with this judgment," a Home Office spokesman said, "We remain resolute in our commitment to ensuring there are no barriers to deport foreign criminals, as it is in the public interest for these people to be removed swiftly."
Upper tribunal judge Karim-ullah Akbar Khan supported the Home Office's appeal against the decision. The case has been referred back to the lower court for further consideration.
McLeod's case is the latest in a series of foreign offenders who have successfully used human rights laws to avoid deportation.
A Polish man with nine criminal convictions, including violence and domestic abuse, recently blocked his deportation by claiming to be a "father figure" to his teenage nephew.
An Albanian criminal was permitted to stay in Britain because his son had a "distaste" for chicken nuggets from abroad.
In December, a Nigerian convicted of passport and benefits fraud avoided deportation after a judge ruled it would breach human rights, as IVF treatment was unavailable in Nigeria.
