An Albanian criminal is partly permitted to stay in Britain because his son has 'aversion' for foreign chicken nuggets, ruled an immigration ribunal.
It would be 'unnecessarily hard' for the 10-year-old boy to be forced to go back with his father because of his sensory problems with different types of food.
The judge admitted the father's appeal against deportation as a violation of his right to a family life as a result.
Albanian Kervis Disha, 39, came to the UK illegally in February 2001 when he was a 15-year-old child.
He came in a false name and claimed to be born in the former Yugoslavia. His asylum claim was rejected, but he assured British citizenship in 2007 after he had been given exceptional leave to stay and then indefinite leave.
In 2017 he was imprisoned for two years after he was caught at £ 250,000 cash.
Then Home Secretary Priti Patel ordered that he had to be deported to Albania and his British citizenship had to be stripped, but Disha appealed and was supported by a judge in an immigration ribunal.
The judge ruled that deportation would be unfair towards his son – only known as C – to stay in the UK and to be separated from his father, or to be forced to go with him to Albania.
It was said that C has 'sensory difficulties' with some clothing, such as socks, and certain types of food, which meant that he would 'refuse to do something'.
Then Home Secretary Priti Patel ordered that he had to be deported to Albania and his British citizenship had to be stripped, but Disha appealed and was supported by a judge in an immigration ribunal
Stock image of a child who eats chicken nuggets
The 'additional' needs of the child were only supported by evidence of a trainee -education psychologist, a neighbor and a family friend.
There was no formal diagnosis of special educational needs, the Telegraph reported.
But he did have an educational plan to go with his “emotional regulations, independence; Read and write. '
Another judge in the upper tribunal did not agree with the assessment that the needs of the child could not be fulfilled if he was brought back to Albania.
The judge said that the only example why the boy could not go was that he will “not eat the kind of chicken nuggets that is available abroad.”
“We are not convinced that the addition of this only example is approaching everywhere near the level of hardness for a reasonable judge to find that it is” unnecessary, “he said.
The case will be wrapped by another court to decide whether the consequences of deportation would be too loud for the 10-year-old boy. The case is underway.
A spokesperson for the home office said: 'Foreign nationals who commit horrible crimes must have no doubt that we will do everything we can to ensure that they are not free in the streets of Britain, including removal from the UK as quickly as possible.
“Since the elections we have removed 2,580 foreign criminals, an increase of 23 percent compared to the same period 12 months earlier.”
