Convicted Knife-Wielding Polish Drug Dealer Wins Deportation Appeal on Human Rights Grounds.

A convicted Polish drug dealer has successfully overturned a UK Home Office deportation order, arguing that he cannot speak Polish and has no family ties in his birth country.

Who is Nikodem Lopata?

Nikodem Lopata, 22, from Crewe, Cheshire, was sentenced to four and a half years in prison at age 19 for drug-related offenses. The Home Office moved to deport him to Poland, where he was born, but Lopata appealed under human rights laws and won his case.

Why Did the Home Office Seek to Deport Him?

Lopata's criminal record includes:

• Age 16: Arrested for possession of cocaine with intent to supply (received a community order).
• Age 18: Convicted of motor vehicle offenses and possession of cannabis (fined and given six points on his license).
• Age 19: Found in possession of over £1,000 worth of heroin and crack cocaine, a "Rambo-style" knife, and £673 in cash.

Following his final conviction in 2022, then-Home Secretary Suella Braverman initiated deportation proceedings.

Lopata’s Human Rights Appeal

After his release from prison, Lopata challenged the deportation on the grounds that he:

• Has lived in the UK since the age of four.
• Does not speak Polish and would struggle to reintegrate.
• Has no close family or support system in Poland.

Judge Ali, ruling in August 2024, noted:

"Lapota had spent the majority of his life in the UK, including his formative years, and attended school in the UK. It was accepted that he is likely to have built friendships and ties outside of the family unit. It was also accepted that he would have little physical family support in Poland given that his mother and uncles are resident in the UK, and he does not appear to have had any contact with his father."

UK Immigration Law: When Can a Convicted Criminal Avoid Deportation?

UK law states that foreign nationals sentenced to four or more years in prison must prove "very compelling circumstances" to remain in the country.

Factors considered include:
✔ Time spent in the UK and level of integration.
✔ Language barriers and cultural ties.
✔ Family support in the UK vs. the birth country.

Lopata’s legal team argued that deporting him would violate his human rights, as he has never lived in Poland as an adult and speaks only English.

Suella Braverman

Home Office Appeal Rejected

Current Home Secretary Yvette Cooper appealed the ruling, arguing that Lopata did not meet the high threshold required to prevent deportation.

The Home Office stated:

"The First Tier Tribunal Judge failed to give adequate reasons for his conclusion that there were very significant obstacles to Mr Lopata reintegrating into Poland."

Government lawyer Andrew Mullen also questioned the claim that Lopata does not speak Polish, calling it "very odd" and noting the seriousness of his crimes:

"It is difficult to imagine a much more serious offence than one involving Class A drugs."

However, the Upper Tribunal in Manchester upheld the original ruling, with Deputy Judge Ó Ceallaigh KC stating:

"The Judge's finding that there were 'very compelling circumstances' was rationally open to him on the facts."

The tribunal dismissed the Home Office’s challenge, confirming that Lopata will not be deported.

What Does This Mean for Future Cases?

This decision could set a precedent for other foreign-born criminals who have lived most of their lives in the UK. It also raises important questions about the balance between public safety, human rights, and immigration enforcement.

Related: Woman Admits to Fraudulent UK Citizenship Tests Using Wigs

Do you think criminals like Lopata should be allowed to stay in the UK? Let us know your thoughts in the comments.