Albanian Drug Boss Xhoni Leka Avoids Deportation Over Family Concerns.

Xhoni Leka, an Albanian drug boss, was sentenced to three years and four months in prison for managing a large cannabis farm in Cumbria. Despite his conviction, an immigration tribunal has ruled that he will not be deported to Albania, citing concerns over the impact his deportation would have on his young daughter.

The Cannabis Farm and Criminal Conviction

In 2013, Leka arrived in the UK and faced multiple residency denials before being arrested for drug trafficking. Along with his accomplice Gjergji Braculla, Leka operated a cannabis factory with approximately 1,300 plants.

After being convicted, Leka was sentenced to three years and four months in prison and subsequently faced a deportation order from the Home Office.

Cannabis factory with around 1,300 plants in Cumbria

Appeal Against Deportation

Leka appealed the deportation order, arguing that his removal would violate his Article 8 rights under the European Convention on Human Rights, which guarantees the right to family life. His legal team claimed that deporting Leka would cause undue harm to his four-year-old daughter.

The Tribunal’s Ruling

An immigration tribunal ruled in favor of Leka, overturning the deportation order. Judges Fiona Lindsley and Mark Symes concluded that deporting Leka would be “unduly harsh” on his daughter. The judges highlighted that Leka plays a crucial role in providing both financial and emotional support to his family, which would be severely disrupted if he were sent back to Albania.

The ruling emphasized that Leka’s daughter would be forced to live in Albania, a country she has no connection to, which would deprive her of her right to live in the UK, her birth country.

Impact on Leka’s Wife

The tribunal also considered the impact on Leka’s wife, a Czech national. Since she does not speak Albanian and has no family in Albania, the judges determined that it would be very difficult for her to relocate with her child. The lack of support in Albania further strengthened the case for Leka's right to remain in the UK.

Home Office’s Counter-Argument

The Home Office contested the tribunal’s decision, arguing that there was insufficient evidence to prove that Leka’s daughter would suffer significant harm. They pointed out that single-parent families are common in the UK, and the four-year-old child is at an adaptable age.

Xhoni Leka

Home Office suggested that Leka’s wife had received support from friends while Leka was in prison and could potentially access benefits from the local authority if left to raise their daughter alone.

Tribunal’s Final Decision

Despite the Home Office’s argument, the Upper Tribunal Immigration and Asylum Chamber ruled that deporting Leka would violate his Article 8 rights, placing family life above the public interest in deporting him. This decision highlighted the complex balance between human rights protections and public safety.

Political Reactions and Backlash

The ruling was met with significant political backlash. Conservative politicians criticized the decision, calling it “absurd” and reinforcing calls for the UK to leave the European Convention on Human Rights.

Chris Philp, the Shadow Home Secretary, condemned the ruling, stating that human rights laws were being exploited by foreign criminals to remain in the UK. He added that this trend puts the British public at risk, calling for fundamental reform of human rights laws.

A Similar Case: Nikodem Lopata

This ruling follows a similar case involving Nikodem Lopata, a Polish drug dealer who successfully overturned his deportation order based on his inability to speak Polish and his lack of family in Poland. Lopata had lived in the UK since he was four years old, and his case raised similar concerns about deportation on human rights grounds.

Conclusion: Legal and Ethical Implications

The Xhoni Leka case brings attention to the ongoing debate surrounding the intersection of human rights laws and criminal deportation. While the decision to prioritize family life in this case aims to protect vulnerable children, it also highlights the potential challenges of maintaining national security and ensuring public safety.

This case also draws attention to the broader issues surrounding the European Convention on Human Rights (ECHR) and its role in immigration and deportation decisions, especially in cases involving foreign nationals with criminal backgrounds.

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