A Nigerian migrant with 22 criminal convictions can now be deported after a judge’s “unduly harsh” ruling was overturned.
Sydney Igbanoi, 48, had previously been allowed to remain in the UK after a tribunal found it would be unfair to separate him from his children.
The decision came despite his 22 convictions for 33 offences, including drug offences, assault, harassment and cruelty to animals.
The Home Office successfully appealed after Igbanoi was jailed for 42 months for possession with intent to supply cocaine and MDMA, supplying both drugs, and supplying a Class B substance.
The tribunal heard his offending dated back to 1997.
Igbanoi has four British children aged between 10 and 26.
They include a 17-year-old daughter living in Finland with her mother, who was said to have a “strong relationship” with him.
He also has a 16-year-old daughter described as estranged.
The Home Office lodged an appeal after it was ruled Igbanoi could stay in Britain
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A 10-year-old son, believed to be living in Italy, was said to still be in contact with him.
Igbanoi arrived in the UK aged 14 in 1991 on a settlement visa to join his father.
He was later granted indefinite leave to remain.
A letter from his probation officer said deportation “would harm his relationship with his children, who depend on his presence and support”.
The tribunal ruled Igbanoi’s connection to his children was ‘at best intermittent’
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GETTYThe officer added that with “continued support and stability”, he could “make positive contributions to society and uphold the law”.
Igbanoi told the court he had been “socially and culturally integrated” into British life.
The first-tier tribunal accepted those arguments.
However, the decision was overturned on appeal by deputy judge Mark Symes.
Judge Symes ruled Igbanoi would not face significant barriers reintegrating into Nigeria, where he still has family, including his mother and siblings.
He also said Igbanoi would likely be able to find work despite being middle-aged and having spent most of his life in the UK.
Describing his family life, the judge said his relationships with his children were “at best intermittent”.
Under UK law, foreign nationals sentenced to more than 12 months in prison are automatically subject to deportation.
However, they can appeal under the European Convention on Human Rights if they have strong family ties or have lived in Britain for a long period.
The Home Office has also introduced new rules to refuse entry to foreign offenders who have received a suspended sentence of 12 months, either in the UK or abroad.
