An Albanian illegal migrant dodged deportation from Britain following a ‘successful’ claim under Article 8 of the European Convention on Human Rights. Astrit Kurtaj, who has now entered the UK illegally three times, was faced with removal, until he argued that such an action would breach his right to a family life.
This appeal, facilitated by UK law’s European Human Rights Act (EHRA), aims to preserve the findings of a first-tier immigration tribunal judge who accepted Kurtaj’s 2019 claim that he needed to remain with his family (with whom he illegally in Britain from Belgium in 2000). Specifically, his sons from this period—who are now presumably adults—are the focus of this argument. However, the Home Office contests the decision, alleging that the judge responsible had failed to take account of the fact that Kurtaj “no longer enjoys family life with his sons.”
An estranged son is by no means the most bizarre excuse used to prevent a deportation. Recent months have seen the wrong chicken nuggets and joining a terrorist organisation feature in the litany of reasons to keep lawbreakers in the UK. Ultimately, Astrit Kurtaj has been remitted for a new first-tier tribunal hearing on whether he can stay—all while fuelling even more rapidly the public sense that Britain’s immigration system is broken.
