An illegal migrant previously convicted of fraud and imprisoned cannot be deported because she has lived in Britain for too long, an immigration court has heard.
Joyce Baidoo, 57, has been in the UK without permission since 2000 and was ordered to leave by the Home Office in 2007 after being jailed for 10 months for using false identify documents, according to The Telegraph.
But Ms Baidoo has reportedly fought her case to remain in Britain by putting forward the argument that she would struggle to ‘reintegrate’ back into her home country of Ghana.
A judge at an Immigration and Asylum court is believed to have agreed with Ms Baidoo’s reasoning and said that the argument was ‘very compelling’.
The newspaper say the judge also agreed that Ms Baidoo’s ‘long absence’ away from Ghana would lead to ‘significant obstacles’ upon her re-entry.
Despite the Home Office reportedly launching an appeal against the decision, Ms Baidoo won both the first tier and upper tribunal cases.
The upper tribunal heard Ms Baidoo believed leaving the UK would have ‘a detrimental effect on her mental health’.
‘She also said that there would be significant obstacles to her reintegration into Ghanaian culture because of her long absence, the lack of family support and the lack of employment opportunities she would have there.
Joyce Baidoo has been in the UK without permission since 2000 and was ordered to leave by the Home Office in 2007 after being jailed for using false identify documents (Stock Image)
Despite the Home Office reportedly launching an appeal against the decision, Ms Baidoo won both the first tier and upper tribunal cases (Stock Image)
The upper tribunal heard Ms Baidoo believed leaving the UK would have ‘a detrimental effect on her mental health’ (Stock Image)
‘She claimed that she would be left destitute, resulting in unjustifiably harsh consequences for her.’
First tier tribunal Judge Jeffrey Cameron said earlier this year: ‘The evidence before me does indicate that Ms Baidoo on return to Ghana would not have any family support given that her husband has died, and she has no contact with her children.
‘Given her age and mental health problems it is unlikely that she would be able to within a reasonable period of time obtain employment and although she may be entitled to some support from the Government by voluntarily agreeing to removal, this would be short-term.’
The Home Office allegedly said the tribunal ‘failed to provide adequate reasons’.
Upper tribunal Judge Richard Manuell said: ‘It was not “speculative” of the judge to conclude that Ms Baidoo would be destitute.
‘He looked at various factors, including the absence of support and the period of absence, and reached conclusions that were properly reasoned and open to him.
‘The judge gave cogent reasons for reaching his conclusions. Proportionality and reasonableness had been fully covered. The onwards appeal should be dismissed. There was no material error of law.’
