A Jamaican drug dealer who hit his partner has avoided deportation after a judge ruled that he had to stay because his gender -asking daughter spoke alone with him.
The child would not talk to his mother about his gender identity issues, but only with his father, an immigration ribunal was told.
Judge Sarah Pinder, former member of Goldsmith Chambers and columnist for Free Movement, an online publication about open borders, but now an Immigration and Asylum Chamber of the Upper Tribunal, the government has rejected against an earlier ruling.
She also discovered that the children of mixed breed of the professional criminal 'unfulfilled emotional needs that are not only related to the loss of a parent, but also to the loss of the parent who represents half of their cultural identity'.
It was therefore assessed as 'excessive hard' to deport him – even though they had witnessed how he hit their mother.
She supported the original judge in the case and said that they 'thought this was part of the parental relationship that the mother of the children could not replicate because she is white British'.
The amazing ruling was made last month in the GH case, which received an anonymity order.
GH arrived in Great Britain in October 1991 at the age of 15 and received an indefinite leave in April 1993 to stay.
Judge Sarah Pinder, former member of Goldsmith Chambers (photo), has rejected the government's appeal against an earlier judgment
He was in prison for countless crimes between 2007 and 2015.
In March 2021 he was convicted of delivering crack-cocaine and heroin and sentenced to 40 months in prison, after which his deportation was ordered.
He appealed against this on the basis of Article 8 of the Human Rights Act and his case was dealt with in October 2023 by Judge CL Taylor at the First-Tier Tribunal.
The judge ruled that GH had 'a real and sustainable parental relationship' with his children, although he was 'limited' and he was divorced from the mother, who had no problem caring for them while he was in prison.
But the judge ruled: 'One of the appellant's children was withdrawn when the appellant went to prison, and she continued to struggle even after his release. The same child had problems with her gender identity, which she could only have talked to her father about. “
A social worker then reported that deportation 'the children would cause emotional damage and possibly have a negative impact on all areas of the development of the children, including important areas of identity, family and social relationships'.
The judge then ruled that 'deportation would be excessive for the children of the appellant' and that '(g) in view of their cultural identity the hardness that the deportation would cause for them is only elevated from hardness to excessive hardness and a sufficient is high level. Exalted level that weighs heavier than the public interest '.
In March 2021 he was convicted of delivering crack-cocaine and heroin and sentenced to 40 months in prison, after which his deportation was ordered
The lawyers of the Ministry of the Interior wondered how it can be said that GH has a 'positive influence' on the lives of his children, given that they had witnessed his domestic violence against their mother and his' extensive criminal record . '
But Judge Pinder stated: 'The first statement of the defendant on the basis of this ground is surprising, since the defendant had accepted that the applicant had a real parental relationship with his children … I believe that the first ground of the defendant is no more than Purely a disagreement with the findings of the judge and an attempt to advocate her case again in this tribunal. “
Pinder added: “It is also well known that a parent who has contact or spends time with his children, instead of living with them, falls under the definition of a real parent relationship.”
She concluded: 'With regard to the cultural and racial identity, this finding was also open to the court on the basis of the evidence that lay for him, especially when one of the appellant's children already had questions about her gender identity and with no one else about this could talk. In addition to her father … Under these circumstances, I reject the appeal of the defending Minister of Foreign Affairs and I recommend that the decision of the judge is maintained. “
