A Zimbabwean jailed for killing a man in a car crash has been allowed to live in the UK under the European Convention of Human Rights (ECHR) after it was discovered he had a child.
The Zimbabwean fought off attempts to deport him by the Home Office after successfully claiming his removal would breach his Article Eight rights to a family life under the ECHR.
The man, who has been granted anonymity, was jailed for five years and eight months after causing the death of a man and seriously injuring another when he crashed his car while under the influence of alcohol and cannabis.
Following his release from prison, a DNA test revealed that he was the father of a boy whom another man had believed was his son.
The boy was three years old and had been living with his biological mother and the other man whom he believed was his father.
An immigration tribunal said the Zimbabwean should be granted the right to remain in the UK and not be deported because of the “emotional impact” it would have on the boy if he was removed.
It ruled: “To deport the appellant would be disproportionate and a breach of Article 8 ECHR.”
Robert Jenrick, the former immigration minister and contender for the Tory leadership, said it was further evidence that the UK should quit the ECHR.
He said: “Another killer gets to live in the UK using his rights under the ECHR. This time because he had an affair with a woman. When will we wake up?
“Our people are being placed in danger by these European laws – we have to do something about it, we must leave the ECHR.”
Membership of the court “guarantees specific rights and freedoms and prohibits unfair and harmful practices”, as set out in the ECHR.
These rights include freedom from torture and slavery, freedom of expression and the right to privacy.
Supporters of the ECHR argue that British courts are not required to follow the judgments of the European court, but rather need to only “take account” of them.
They also argue that leaving the ECHR would be as unpredictable and risky as the decision to leave the EU
The Zimbabwean came to the UK as a child on a visitor’s visa and had a series of temporary visas including as a student allowing him to remain in the UK.
His visa ran out in 2021 and the Home Office sought to deport him as a “risk” to the public because of the severity of his offence.
The year after he came out of prison in 2021, the DNA test revealed his three-year-old love child.
The child, now aged six and known only as A, was said by social services to have been left “confused” at having two fathers.
The Zimbabwean was said to be living with his mother but was having contact with his ex-girlfriend and the boy, which the family court recommended should continue “long term”.
“Taking A’s interests as a primary consideration, we are satisfied that it is in his best interests for the appellant to remain in the United Kingdom to enable their relationship to continue to develop,” ruled the immigration tribunal.
By Will Conroy
