A convicted Polish drug dealer overturned his bid to deport him from Britain because he couldn’t say Poland and had no family in his country of birth.
Nikodem Lopata, 22, of Crewe, Cheshire, was sentenced to four and a half years in prison at the age of 19, and the family office told him he would be sent back to his country of birth.
However, after the release of four-year-old Lopata from England, the decision was appealed under human rights law.
He said he could not speak Polish and did not live in close family or friends Poland Again, this means he will find that he has lived in the UK almost his whole life and that he will find it very difficult to “reintegrate”.
Polish national was arrested at the age of 16 for possession of cocaine for the purpose of supply, resulting in community order.
Two years later, he was convicted of marijuana crimes and possession of marijuana, which left him with six points in his license and fine.
Three months after that, he was captured with a “Rambo” knife while holding a “small” knife and over £1,000 in drugs, including heroin and cocaine.
At this point, the Secretary of State Suella Bravermandecided to deport.
But the judge now rejected the government’s argument that he should be forced to leave Britain.
The Upper Court of Immigration and Shelter in Manchester was told Lopata “because of his young age, there is a crazi list of beliefs.”
Lapota filed a lawsuit, deciding to deport him and deny his application to continue to comply with the EU settlement plan on human rights grounds.
The case was heard in August 2024, and Rapota and his mother gave evidence.
Judge Ali said: “Lapota spent his whole life in the UK, including his growing up and attending school in the UK and was thought to have made a good deal of friendship and connections outside the family department.”
“Given that his mother and uncle were British residents and he did not seem to have any connection with his father, he also had little physical support in Poland. ”
The law stipulates that foreign nationals sentenced to four years in prison must prove that there is a very convincing situation. [to overturn deportation].
“This exception will be in the case where the person legally lives in the UK throughout his life, all of whom are socially and culturally integrated in the UK, and there will be very important obstacles to integrating it into the country.”
When considering whether to deport criminals, relevant factors include “the length of time the foreign nationals reside in the UK, and the strength of their social, cultural and family ties to the UK” and “any supporting family nature that returns to the country can provide”.
The judge concluded that Lapota’s human rights would be violated, an appeal from the new Home Secretary Yvette Cooper.
Ms. Cooper argued that there must be “very convincing situations” and that foreign criminals sentenced to four years in prison should not be deported.
‘The First-Level Court Judge [FTTJ] “There is no sufficient reason given that he concluded that there are very significant obstacles to Mr. Lopata’s reintegration into Poland,” the Ministry of Home Affairs said.
The Secretary of State rejected Mr. Lopata’s discovery of FTT that does not speak Polish and said that this conclusion was not well justified.
