February 17th 2025.
Shawn Rickford McLeod, a 40-year-old Jamaican man, came to the UK in 2000. However, his stay was put in jeopardy when he was arrested and sentenced to over three years in prison for supplying class A drugs. As a result, he faced deportation back to Jamaica.
In a twist of events, McLeod was able to avoid deportation after making a pledge that he would only use cannabis for personal use and not sell it. He appealed against the deportation order, citing his right to a family life under Article 8 of the European Convention on Human Rights. He argued that his deportation would negatively impact his relationship with his wife and three young children who are all British citizens.
Fortunately for McLeod, his appeal was successful. The immigration tribunal, presided over by Judge David Chaim Brannan, agreed that deporting him would be too harsh of a punishment. They also believed that McLeod genuinely wanted to turn his life around and provide for his children.
However, during the tribunal, McLeod made it clear that while he intends to use cannabis, he has no intentions of selling drugs again. He openly shared his views on the matter with his prison and probation officers as well as Judge Brannan. This decision by the tribunal sparked controversy, with Shadow Home Secretary Chris Philp calling for an overhaul of the system.
Philp firmly believes that foreign criminals like McLeod should not be allowed to stay in the UK. He also expressed his concerns about the ever-expanding interpretation of human rights laws by immigration judges.
In the UK, possession of a class B drug, including cannabis, is illegal and can result in a five-year prison sentence. Despite this, McLeod was granted permission to stay in the UK based on the 2002 Immigration Act, which states that individuals with sentences under four years can only be deported if they do not have a "genuine" relationship with a "qualifying child."
Judge Brannan, who ruled in McLeod's favor, also made it clear that using drugs, including cannabis, is illegal and goes against the rule of law. He emphasized that being under the influence of drugs would prevent McLeod from properly caring for his children and performing his duties. He also stated that the rule of law takes precedence over any cultural justifications for drug use.
Despite the ruling in his favor, the Home Office appealed the decision in December, leading to the case being referred back to the lower court. This decision was supported by Judge Karim-ullah Akbar Khan, but after McLeod's case was reconsidered, he was ultimately allowed to stay in the UK.
However, Judge Khan disagreed with Judge Brannan's reasoning, stating that there was a "material error of law" in his ruling. He believed that Judge Brannan's decision was based on "inadequate and confused reasoning" as he was well aware that McLeod intended to continue using cannabis. Judge Khan also highlighted that McLeod's drug use would have a negative impact on his children's well-being, despite Judge Brannan's belief that refraining from drug use would improve their quality of life.
In the end, McLeod was able to remain in the UK with his family. However, this case has sparked a debate about the interpretation of human rights laws and the treatment of foreign criminals in the UK.
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