The Home Office allowed a convicted drug dealer to stay in the UK after wrongly accepting that he had legally lived in Britain for most of his life.
Olajiire Obafemi Shoyombo, a Nigerian national, was jailed for three years and four months in a young offenders’ institution in 2023 after being convicted at Nottingham Crown Court of two offences involving the supply of heroin and crack cocaine.
In a recent Home Office hearing he argued he should be allowed to stay in the UK under the ‘private life exception’, which can apply to foreign nationals who have spent most of their life in Britain lawfully and would face ‘very significant obstacles’ if they returned to their home country.
His initial appeal on human rights grounds was allowed by a lower-tier tribunal but has since been referred back to them by the upper tribunal, which found the decision had been based on a ‘mistake as to fact’.
Now the convicted drug dealer’s deportation case will be reheard after the Home Office wrongly accepted he had been a lawful UK resident for most of his life.
According to tribunal documents, Shoyombo was unlawfully in the UK for more than eight years after arriving on a visitor visa in 2005, when he was three years old.
He was later granted leave to remain during various periods between 2014 and 2022, totaling around nine years of lawful residence.
The case will now return to the lower tribunal for a fresh hearing.
Olajiire Obafemi Shoyombo, a Nigerian national, was jailed for three years and four months in 2023 after being convicted of two offences involving the supply of heroin and crack cocaine
But the convicted drug dealer has tried to persuade the Home Office he is socially and culturally integrated in to the UK and should not be sent back to Nigeria
The Home Office does not dispute that Shoyombo is socially and culturally integrated in to the UK or that he would face serious difficulties if he returned to Nigeria.
However, the tribunal is now deciding whether there are ‘very compelling circumstances’ that outweigh the public interest in deportation.
In March 2022 Shoyombo was arrested for drug dealing and just three months later was back on the streets selling dangerous narcotics, Nottinghamshire Live reports.
On Saturday 29 October 2022,The Nigerian national was involved in a large street fight in Nottingham city centre and was chased down by officers and tackled to the floor.
Following his arrest mobile phone evidence showed he had once again been dealing cocaine and heroin and drugs and cash was found in the pockets of his shorts.
A further search of his home found several other phones all linked to criminal activity as well as more Class A drugs, cannabis, knives, cash and drugs equipment.
The home Office initially allowed Shoyombo to stay despite his convictions because they believed he had spent most of his life legally in the UK but were wrongly informed
Before the street fight commenced at roughly 3.30am, plain-clothed officers had witnessed him dealing drugs in an underpass.
He was later sent to prison for three years and four months in 2023.
A Home Office spokesperson said: ‘We are doing everything in our power to contest this case, and having successfully appealed against it, it will now be reheard.
‘We are taking immediate action to ensure immigration rules are respected and enforced.’
