A Jamaican man, Shawn Rickford McLeod, has managed to avoid deportation from the UK after making a controversial promise to only "smoke cannabis" and not engage in drug dealing again. McLeod, 40, arrived in the UK in 2000 and was sentenced to three years and four months in prison for supplying Class A drugs. After serving his sentence, he was handed a deportation order but appealed, citing his family life in the UK.
Appeal Based on Family Life Rights
McLeod argued that deporting him would violate his rights under Article 8 of the European Convention on Human Rights (ECHR), which protects the right to family life. He has a wife and three children, aged one, four, and seven, living in the UK. Despite acknowledging his intention to continue using cannabis, McLeod promised not to reoffend by selling drugs.
Judge’s Ruling
Judge David Chaim Brannan ruled in McLeod's favour, stating that deporting him would be "unduly harsh" on his children. He believed McLeod genuinely wanted to avoid reoffending, except for his use of cannabis, and was determined to care for his children. Consequently, the judge allowed him to stay in the UK.
Political Reaction
The ruling has sparked outrage from some political figures, including Shadow Home Secretary Chris Philp. He described the decision as "mind-boggling" and argued that criminals like McLeod should not be allowed to stay in the UK. Philp criticized the broad interpretation of ECHR articles by immigration judges, calling for an end to such decisions.
Previous Controversies Over Deportation Cases
This case is not the first involving foreign criminals in the UK avoiding deportation based on human rights arguments. Earlier this month, an Albanian criminal escaped deportation after citing his son's dislike for foreign chicken nuggets, while a Pakistani paedophile avoided deportation on similar grounds regarding his children.
The ongoing use of human rights laws in these cases has led to calls for reforms to ensure that deportation decisions better reflect public safety concerns.