An Albanian migrant who re-entered the UK after being kicked out for drug dealing can appeal against the refusal of his asylum application. The migrant was jailed for two and a half years at Guildford Crown Court in 2019 after being found guilty of possession with intent to supply cocaine, use of a vehicle without insurance and driving a motor vehicle otherwise than in accordance with a licence.
He was deported back to his home country, but turned up in Essex three months later when he claimed asylum. The Albanian initially lost an appeal against a Home Office decision to deport him again. But he won a second appeal after it was found a First-tier Tribunal had made errors. He will now be allowed a fresh tribunal hearing.
The migrant, who cannot be named for legal reasons but is referred to as LM, first arrived illegally in Britain in 2014.
After he was found in Essex, he was detained and went on to tell officials he wanted to apply for asylum. He claimed he had originally been a victim of trafficking when he came to the UK.
The Home Office had refused his application because he had been convicted of a particularly serious crime and was deemed a danger to the community.
When LM appealed the decision at the First-tier tribunal it was dismissed, but after another appeal the ruling was overturned due to errors in the judgment.
Upper Tribunal Judge Karim-ullah Khan found the original tribunal had failed to acknowledge LM’s offences may have been committed when he could have been a victim of trafficking. He said the migrant might not pose a danger to the community if that were the case.
Judge Khan said: “It is clear that the judge failed to engage with the second limb of the test concerning whether LM was ‘a danger to the community’.”
Mr Khan said the original tribunal judge did not engage with that part of the legal test and had repeated the sentencing judge’s remarks as to why the offence was particularly serious.
He said: “It follows the reasons he provided for finding LM still continued to constitute a danger to the community were inadequate, which amounts to an error law.”
It was also found the first judge had not considered a psychiatric report which said LM’s PTSD was due to his experiences of being trafficked.
Judge Khan said the First-tier Tribunal judge’s summary, which excluded trafficking as a contributing factor in LM’s PTSD, was inaccurate and misleading.
He said: “The misreading of the report and the consequent failure to properly apply the report’s findings amounts to an error of law.”
LM said he would not be able to relocate within Albania because he was a victim of trafficking and had mental health issues.
The Home Office said he had managed to stay in the Albanian city Serande for three weeks without being targeted. The Government also said there was no evidence LM couldn’t live independently, but Judge Khan disagreed.
He called for the fresh hearing to be held before another judge.
