Criminal deported from UK wins right to return because he's 'depressed'
Samuel Frimpong was jailed for four months for using a faked document to try and 'circumvent' the leave to remain rules, an immigration judge was told.
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Criminal deported from UK wins right to return because he's 'depressed'
Samuel Frimpong was jailed for four months for using a faked document to try and 'circumvent' the leave to remain rules, an immigration judge was told.
Criminal deported from UK 12 years ago wins right to return because he's 'depressed'
Samuel Frimpong was jailed for four months for using a faked document to try and 'circumvent' the leave to remain rules, an immigration judge was told.
By Hannah Kane, News Editor
09:02, Thu, Mar 13, 2025 | UPDATED: 10:25, Thu, Mar 13, 2025
judge has allowed the dad of two to return more than a decade after he was deported (Image: Getty)
A convicted Ghanian criminal deported from Britain 12 years ago should be free to return under human rights laws because being separated from his children has made him depressed, a tribunal has ruled.
Samuel Frimpong was jailed for four months for using a faked document to try and 'circumvent' the leave to remain rules, an immigration judge was told. The father-of-two was then deported to his home country where he has lived a 'depressive life' away from his family, the hearing was told.
His 11 and 15 year old children, who were born after his initial conviction and the tribunal heard they find it 'difficult to explain' where their father is and feel 'socially isolated' as a result of his absence. Mr Frimpong was subject to a deportation order shortly after his conviction in 2008 and left the country in 2013. He was granted permission to appeal his deportation at the time but he then 'went to ground' and was listed as an 'absconder'.
In November 2022 he was told by an immigration officer that his deportation order would not be revoked. The pastor appealed that decision but a First-Tier Immigration Tribunal sided rejected his case in February last year.
But after appealing to the Upper Tier of the Immigration Tribunal, Judge Abid Mahmood has decided to revoke the deportation order ruling it was an 'unjustifiable interference' in his human rights.
He has appealed under Article 8 of the European Convention on Human Rights, arguing that his right to family life and that of his wife and children had been 'interfered with'.
At the hearing Mr Frimpong's wife, who was not named by the tribunal, said the family had been evicted following his deportation.
She said: "The immediate after effects of the deportation includ[ed] being evicted from their original home and having to move schools.
"The children are somewhat socially isolated without their father and find it difficult to understand why their father is not with them and they find it difficult to explain to others at school and the like where their father is...
Mrs Frimpong is also said she is unable to work full-time whilst caring for the children and so the family cannot afford to travel back to Ghana.
"[She] said that [he] was very sorry and remorseful every day for what he had done. The 11 years apart had had a huge impact on the family," the tribunal heard. "She had not been able to visit Ghana and nor had her children because despite living in difficult accommodation in the UK, there is little in the way of funds available to undertake any international travel."
Arguing against, the government representative said that Mr Frimpong's use of false documents 'fundamentally undermines immigration control'. Revoking the deportation order, Upper Tribunal Judge Mahmood admitted that his dishonesty had been 'serious' but said the family were living 'depressive lives' and it would be 'insurmountable' for the children to move to Ghana.
He said: "It is clear to me that these children having to leave their lives in the UK, their schools, and their friends to live in a one room home in poor conditions in Ghana are insurmountable obstacles.
"Their church means much to them and they are an important part of it... Modern means of communication have been tried in this case and have failed, as shown by the depressive lives being lived by the children and their mother here in the UK. Additionally in light of the depressive life being lived by [Mr Frimpong] in Ghana.
"Ultimately, in this case the probation report made clear that there is no risk of harm to others. The offence was in 2008. That is over 16 years ago. There has been no recorded offending against [Mr Frimpong] since then. [He] works as a pastor.
"He has apologised profusely for his offending and behaviour. He has sought to make amends by practising and assisting others in his religion. I conclude that despite the very heavy weight to be afforded to the public interest and the presumption of deportation, in the particular circumstances of this case, [the] refusal to revoke the deportation order made against [Mr Frimpong] amounts to an unjustifiable interference with the Article 8 rights of [him], his partner and his two children."
Mr Frimpong can now apply for entry clearance to come back to the UK.
