An Albanian drug boss, who was sentenced to three years behind bars for running a cannabis farm, was spared deportation after judges concluded that his daughter would remain 'without a male role model'.
In 2013, Xhoni Leka set the foot on British soil for the first time and the residence was denied at several times before it was accused of possession of class B drugs with the intention of delivering.
After he was caught managing a large cannabis factory with around 1,300 plants in Cumbria in addition to his accomplice Gjergji Braculla, he was imprisoned for three years and four months.
The cannabis farmer was then hit with a deportation warrant to Albania from the home office, but has since appealed against the decision based on the fact that it would violate its human rights.
The drug lane claimed that going back to his home country would break his right to Article 8 of the European Convention on Human Right – the right to a family life.
Now an immigration ribunal returned the first command of the home office to deport Leka because they found that it would be the decision 'too hard' on the four -year -old daughter of the criminal.
Judges Fiona Lindsley and Mark Symes said the drug boss plays a key role to ensure that the child has'Financial and emotional security 'and' a stable and loving house is sufficient '.
They also added that the deportation of Leka would cause 'serious damage' to the child, because it would mean that she would have to live with her father in Albania, her right to live in her native country – the UK.
Xhoni Leka (depicted) put first foot on British soil and was denied on various occasions before he was accused of possession of class B Medicines with the intention of delivering in 2020
He was imprisoned for three years and four months after he was caught running a large cannabis factory with around 1,300 plants in Cumrbia (photo)
The cannabis farmer was then hit with a deportation warrant to Albania from the home office, but has since appealed against the decision based on the fact that it would violate his human rights
The jury members also established that the wife of the drug farmer, who is a Czech national national, would find it difficult to live in Leka's home country, because she does not speak Albanian and has no family to help her naturalize.
The Home Office had pursued the appeal case with the argument that there was not enough evidence to support that the Albanians' daughter would be seriously damaged by the deportation of Leka.
According to The Times, they said that no evidence had been provided from a psychologist, social provisions or an independent social worker.
They also argued that there were various single parent families in the UK and that the four -year -old was in an 'adjustable era', and added that 'British citizenship was not an asset'.
The home office also said there was evidence to support that Leka's wife was helped by friends, while the Albanianian was behind bars, while she also claimed that she would get benefits of her local authority if she were to become alone.
The Upper Tribunal Immigration and Asylum Chamber, however, stipulated that the deportation of LEKA would violate its Article 8 EHCRrecht that the general interest had to send the Albanian back to his native Balkan.
Since then, the conservatives have made the outcome that the 'absurd' has made, while they call in Britain to leave the EHCR.
Chris Philp, the Secretary Secretary of Shadow Home, said the publication: 'I have had enough of Evril and Human Rights Laws that are abused by foreign criminals who can stay in this country when they have to be deported.
Despite the arguments of the home office, the Upper Tribunal Immigration and Asylum Chamber determined that Leka's deportation would violate Leka's Article 8 EHCR to a family life
Nikodem Lopata (photo), 22, Van Crewe, Cheshire, has an attempt to deport him because he cannot speak Polish and has no family in his native country
'Thousands of dangerous foreign criminals can remain in weak human rights areas, so that the British public runs the risk of becoming victims.
“This madness must end and the fundamental reform of human rights laws is necessary.”
It comes after a convicted Polish drug dealer has destroyed a bid to deport him because he cannot speak Polish and has no family in his native country.
Nikodem Lopata, 22, Van Crewe, Cheshire, was sentenced to four and a half years in prison of 19 years and was told by the home office that he would be sent back to his native country.
But after he was released, Lopata, who appealed to Great Britain between the age of four, appealed against the decision under human rights laws.
He said he could not speak Polish and no longer had close family or friends in Poland, which means that he would find that he would find 'very difficult' if he had lived in the United Kingdom for almost all his life.
The Polish national was arrested at the age of 16 for the possession of cocaine with the intention of supplying, which led to a community order.
Two years later, he was convicted of motor vehicles and possession of cannabis, as a result of which he saw six points on his driver's license and a fine.
And three months later he was caught with more than £ 1,000 in drugs, including heroin and crack cocaine, while wore a 'rambo' style knife.
