Criminal avoids deportation to Portugal because of son with special needs
Mauro Rodrigues, 20, was ordered to be deported by the Home Office after multiple convictions for dangerous driving and driving while disqualified. It included one incident where he displayed 'breathtaking disregard' for the law and the safety of others after he sped through a 30mph zone at 70mph.
Rodrigues, who came to Britain with his mother aged one, was imprisoned for 12 months at a young offenders institute for seven counts of dangerous driving and driving while uninsured and disqualified.
Within weeks of his release and while appealing his deportation, he was jailed again, for nine weeks, for driving while disqualified.
A lower immigration tribunal initially rejected his appeal against his removal to Portugal, but this was overruled on the basis that it would be 'unduly harsh' on his two-year-old son, who had developmental issues and showed signs of autism.
The ruling that Rodrigues' deportation would breach his rights to a family life under the European Convention of Human Rights (ECHR) is the latest case where migrants have used human rights laws to halt their removal or win the right to live in the UK.
It is the fourth case exposed by The Telegraph this week, including an Albanian criminal who avoided deportation after claiming his son had an aversion to foreign chicken nuggets and a Pakistani paedophile jailed for child sex offences who escaped removal as it would be 'unduly harsh' on his children.
On Wednesday, the issues raised by the cases dominated Prime Minister's Questions. Sir Keir Starmer branded as 'wrong' a tribunal decision to allow a Palestinian family to live in the UK after they applied through a scheme for Ukrainian refugees.
He said Parliament, not judges, should make the rules on immigration and pledged Yvette Cooper, the Home Secretary, would work on closing the loophole.
Under British laws, people can be allowed to remain in the UK if the deportation has an 'unduly harsh' effect on their partner or child.
The UK courts previously ruled Rodrigues's deportation would not be unduly harsh, but at the appeal, Daniel Sternberg, the deputy judge of the upper tribunal, found that it would.
He said new evidence had emerged surrounding his unnamed child which was not known before.
A judgement said: 'In his written statement [Mr Rodrigues] records that [the child's] nursery have become concerned about [their] development and have made referrals to the NHS speech and language therapy team in Barnet and have referred [them] for diagnostic assessment in relation to their development.
'[Rodrigues] continues to play a critical role in [the child's] life. He looks after [the child] with regularity and takes [the child] to nursery and to the early years special educational needs centre which [the child] attends one day a week.
'In his oral evidence [Mr Rodrigues] confirmed that he spent all of the previous week with [the child] and he was trying to spend as much time with [the child] as he could.'
Jadah Charles-Williams, his partner, said their child is due to have an autism assessment. Rodrigues's mother, Ana Guita, said the toddler 'does not play like a normal child' and must 'constantly' be watched to make sure they are safe.
Judge Sternberg concluded: 'We remind ourselves of the statutory provisions which state that the deportation of foreign criminals is in the public interest and the more serious the offence committed, the greater the public interest in deportation.
'In this case, there is a significant public interest in deporting [Mr Rodrigues] from the United Kingdom.'
But Judge Sternberg said due to the child's best interests, Mr Rodrigues must remain in the UK. She said: 'It is apparent that [the child] is delayed in their speech and language development as well as having a limited or no sense of danger and risk.
'From these referrals and the observation report, we conclude that [the child] is highly likely to need a high degree of parental supervision, care and support to ensure their well-being and to help with their development and education.'
She added: 'Taking [the child's] interests as a primary consideration, we are satisfied that it is in [the child's] best interests for [Rodrigues] to remain in the United Kingdom to enable their relationship to continue to develop and for [Rodrigues] to provide care and support to [the child] in their development.'
He added: 'Giving full and appropriate weight to the public interest in the deportation of foreign criminals we conclude on the evidence before us that [Rodrigues'] deportation to Portugal and his separation from [the child] renders the effects of [Rodrigues'] deportation on his child unduly harsh.
'It follows that we conclude that to deport [Rodrigues] would be disproportionate and a breach of ECHR.'
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