A jailed Albanian people smuggler was allowed to remain in the UK after a judge ruled that he had become a “valuable member of society” despite having no “objective” evidence to justify his verdict. The Telegraph has the story.
Kristjan Agolli, 36, was jailed for three years and three months in 2023 for his key role in a people smuggling operation that brought Albanians into the UK to work on illegal cannabis farms in converted homes or unused industrial buildings.
He was served with a deportation order by the Home Office, but he appealed on the basis that it would breach his right to a family life under Article 8 of the European Convention on Human Rights (ECHR).
His appeal was backed by a lower immigration tribunal judge, who ruled that it would be “unduly harsh” on his wife, who was Romanian, had never lived in Albania and could not speak the language.
The lower-tier judge based his decision solely on assurances by Agolli and his wife that he would not reoffend even though there was no evidence, either in probation reports or attendance at rehabilitation courses, to support their claims.
He concluded: “[Agolli] poses a low risk of reoffending and has not reoffended since his release from prison and has become a valuable member of society.”
The Home Office appealed the judgment and in a damning reassessment of the lower court’s verdict, an upper tribunal judge said it was “plainly wrong and rationally unsustainable” as well as “contrary to the weight of evidence”.
The case has now been sent back to the first-tier tribunal to be reconsidered on the basis that the original decision “erred in relying exclusively upon [Agolli’s] personal evidence and that of his wife, when finding as a fact that he has been rehabilitated”, according to the upper tribunal judge.
“There was no evidence of rehabilitative work undertaken by the claimant, either in his own evidence or in additional documents.
“Reliance on the protective factors of his family and wife was also over-optimistic: these same factors were available to the claimant at the time of the commission of his offending, and one of those whose clandestine entry he sought to facilitate was a family member.
“The first-tier judge’s reasons are inadequate and circular: they take no account of the public interest in deportation of foreign criminals nor of the absence of any evidence of rehabilitation beyond the assertion by the claimant and his wife.” …
The case, disclosed in court papers, is the latest example exposed by the Telegraph in which illegal migrants or convicted foreign criminals have used human rights laws in an attempt to remain in the UK or halt their deportations.
They include an Albanian criminal who avoided deportation after claiming his son had an aversion to foreign chicken nuggets, and a Pakistani paedophile who was jailed for child sex offences but escaped removal from the UK as it would be “unduly harsh” on his children.
Worth reading in full.
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A revolutionary moment is one when the people don’t want to go on being governed as they have been anymore, and the rulers cannot go on governing as they have done anymore.
The USA reached that moment last year. The result is a new sheriff in town.
And as JD quite correctly pointed out, a day after Two Tier allegedly promised to spend more money on expensive – and likely ineffectual – toys for the military to fight some imaginary bogey men, the main enemy of the British people lies within. Government – locally and nationally – is our enemy.
Many on here have been saying that these things are all deliberate, designed to destroy our society. It’s hard to argue when examples like this occur just about every day. What other explanation is there? They want you to think it’s all incompetence, but they are not as stupid as they would have you believe.
Same all over the place, and of course Germany is just the gift that keeps on giving when it comes to these stories. We’ve done ‘chicken nuggets’, just how much more ludicrous can these lame-arse excuses get? ”Oh, we can’t deport them back to Syria/Afghanistan/Pakistan because the weather’s too hot and would cause unnecessary stress. It would infringe on their human rights because they’re now acclimatized to the much cooler British climate.” Nothing surprises me in Clown World anymore. Anyway, bet this human turd didn’t vote AfD;
”A Syrian migrant has an incredible arrest record, including smashing the windows of 245 cars, beating and injuring an 84-year-old woman, and possessing illegal weapons, but the courts have decided to let him stay in the country.
The man, Firas A., is a chronic repeat offender in theory, but in practice, this designation has also been dropped by the criminal police office of Hamburg. No deportation is currently planned, which has been revealed due to a parliamentary inquiry by the Alternative for Germany (AfD).
Firas A. arrived in Germany in 2015 and was issued a permanent residence permit in December 2021. He has also driven without his license on numerous occasions, but had his car keys taken away during the second time he was arrested for this offense, according to Bild.”
https://rmx.news/germany/germany-syrian-wont-be-deported-despite-smashing-windows-of-245-cars-beating-an-elderly-woman-and-possessing-illegal-weapons/
No ECHR – No decision to make. Back to Albania you go.
These people are fucking clowns.
(Sorry hardliner, but no other word fits)
Twenty uptick’s Jack (if I could
)
Hear hear !
Surely there was no suggestion of forcing the Albanian/Romanian couple to live in Albania? They could live in Romania. No?
‘A valuable member of society’ – really!!! On that note, how was ‘valuable’ and ‘society’ defined? Unbelievable but it goes on, time and time again. We are all living in a corrupt madhouse.
He should not be here, so he broke the law, he then committed crimes here, so there is no excuse for him being here. So his wife can’t speak Albanian, she is Romanian she learned English, she can learn Albanian.
How much exactly are we paying in legal aid? Could I as the product of many generations get legal aid? I don’t think so. Get them out
Nuts we need to rid ourselves of these people both the judges and the offenders.
If he is a valuable member of society, I am beyond priceless.