The migrant, Puspam Elangeeran, now 52, arrived in the UK from Sri Lanka in 2000. For over two decades, he fought legal battles to stay in the country, repeatedly applying for asylum. In June 2022, an immigration judge finally ruled that he had exhausted all his appeals and should be deported.
However, Mr. Elangeeran appealed that decision and claimed that deporting him would violate his human rights under Article 8 of the European Convention on Human Rights (ECHR), which protects the right to family and private life. He argued that it would be “unjustifiably harsh” to send him back to Sri Lanka after living in the UK for 25 years.
Two judges at an upper immigration tribunal agreed with his argument. They decided that removing him would cause him serious difficulties and that starting over in Sri Lanka after such a long time would have “harsh consequences.” They noted that even though Mr. Elangeeran’s sister had lied to the court about how many family members he had in Sri Lanka, this did not mean he was dishonest about his length of stay in the UK.
The judges explained that courts should be cautious about dismissing appeals just because a person has lied about some aspects of their case. They stressed that every detail of the case must be carefully considered.
This decision has angered many, including senior politicians. Shadow Home Secretary Chris Philp strongly criticized the ruling, calling it “appalling” and accusing Mr. Elangeeran of abusing the system by dragging out his legal battle for decades. Philp said, “It’s unacceptable that someone who lied to the court and has no right to stay in the UK is allowed to remain. Decisions like this damage the reputation of our legal system. We need urgent changes to the law to stop illegal migrants from taking advantage of the system.”
This case is not unique. Several other controversial rulings have highlighted how some migrants use the ECHR to avoid deportation. For instance, a Zimbabwean who killed a man in a car crash was allowed to stay in the UK by claiming his deportation would harm his relationship with his child.
Another case involved a foreign bank robber who successfully argued that deporting him would breach his human rights. An Albanian wanted for murder and another migrant who returned to the UK after being deported also won the right to remain using similar arguments.
These cases have fueled widespread frustration, with critics arguing that the immigration system is too lenient and needs urgent reform. Many believe the current system allows people to exploit legal loopholes, making it difficult to remove individuals who have no legal right to stay.
The Home Office has faced increasing pressure to tighten the rules and restore confidence in the system. As the debate continues, the government is being urged to take swift action to ensure the laws are fair but not easily manipulated.
