A Turkish crime boss said to be one of Britain’s biggest drug dealers will not be deported after judges ruled it would breach his human rights, the Telegraph can reveal.
The man, who was jailed for 16 years for plotting to supply heroin across the UK, won the right to remain in the country on the basis that it would breach his human right to a family life, even though he had an extra-marital affair with a woman in Turkey.
The 70-year-old drug dealer, who has been granted anonymity, also claimed that as an Alevi Kurd, he would be persecuted if he was deported to Turkey.
However, the immigration tribunal was told that he had returned to his homeland eight times since he came to Britain without facing any persecution.
The man’s claim to remain was backed by the UN Refugee Agency, despite the Home Office saying that he was a “danger to the community” whose continued presence in the UK was “not conducive to the public good” because of his criminal history.
The tribunal was told that he was believed to be the head of an organised crime gang responsible at the time for 90 per cent of the UK heroin trade.
He had also been charged twice with assault causing actual and grievous bodily harm after his release from his drug sentence, but he was acquitted both times.
‘Reformed character’
Immigration judges backed his claim and rejected an appeal by the Home Office against him remaining in the UK. They ruled that it would breach his right to a family life based on Article 8 of the European Convention on Human Rights (ECHR) and that there was a risk of persecution because of his Kurdish birthright.
The tribunal was told that he was a “reformed” character, that his wife had stood by him over the affair and that his deportation would split the family as she would not be able to go to Turkey with him owing to her responsibility to support her two daughters and two grandchildren in the UK.
The case will reignite calls for the UK to leave or reform the ECHR.
Chris Philp, the shadow home secretary, said: “This decision defies common sense. The man has repeatedly returned to Turkey –even getting a Turkish passport – so is clearly unconcerned about his safety there. Judgements like this raise fundamental questions about the way that the ECHR is being applied.
“Human rights shouldn’t be about protecting dangerous criminals. A fundamentally different approach is needed to ensure human rights legislation is not abused by criminals and illegal immigrants. That is not what the framers of the ECHR originally intended but judges have now stretched it far beyond its original purpose.”
Richard Tice, the deputy leader of Reform UK, said: “The UN Refugee Agency have just disgraced themselves. They are defending a violent mafia style drug overlord, not some genuine refugee. Our whole Human Rights laws are being abused by lawyers, tribunal judges and vested interests.
“We must pull out of the ECHR and transform our laws to deport all foreign criminals and illegal overstayers. Why do we even let them have an appeal? Why should UK Human rights laws apply to foreign criminals?”
Robert Jenrick, the shadow justice secretary, said: “This decision is a sick joke. Our human rights laws have been turned against the British public. How can anyone defend this?”
The man entered the UK in May 1988 and claimed asylum. He was deported after four days but returned in July 1991 so that his claim could be considered. It was refused in March 1993 but he was given exceptional leave to remain and following an appeal he was given refugee status. He was granted indefinite leave to remain in 1997.
Man reportedly controlled 90pc of UK’s heroin
However, in 2004, he was jailed for 16 years for a major plot to supply heroin. After his release on parole in 2014, he was charged twice with violent assaults but was acquitted. Press reports, which he denied, named him as the leader of a criminal gang called Agu and suggested that he controlled 90 per cent of the heroin in the UK.
During visits to Turkey in 2001 and 2002 he “had an affair” with a Turkish woman. He took part in a traditional wedding ceremony to preserve her family honour but said it was “not a serious relationship”.
The tribunal was told: “His wife in the UK discovered the marriage in Turkey at his criminal trial but claimed to have forgiven him and they clearly resumed cohabitation on his release from prison.”
The Home Office said: “Whatever the reasons for and nature of his marriage it was not a secret event and he had requested a passport from the state of Turkey. This conduct did not indicate that the claimant had a genuine fear of living in Turkey.”
The upper tribunal, however, dismissed the Home Office appeal.
A Home Office spokesman said: “This is an incredibly disappointing ruling. However, we will not give up on our pursuit of doing all we can to remove dangerous foreign criminals in order to keep our streets safe.
“Foreign nationals who commit crimes should be in zero doubt that we will aim to remove them from the UK at the earliest opportunity. Between July 5 and Dec 7 2024, we removed 2,110 foreign national offenders, up 21 per cent on the same time last year.”
