FLASH
Shkruar nga Pamfleti
A 29-year-old Albanian man has won the right to continue asylum procedures in the United Kingdom, following a decision issued by a judge.
This is about Arlind Nabolli, who served more than two years in prison in Britain after being caught with several grams of cocaine and cannabis.
According to British media , the Albanian was caught during an operation with 10 grams of cocaine and 30 grams of cannabis, while a quantity of money and details of two money transfers to two people in Albania were seized.
The judge at the time believed this was not an isolated incident, because his car had been seen entering Maidstone on several occasions.
His crimes were not "isolated incidents" and he had a "habit" of selling drugs in Maidstone, Kent.
But an immigration judge has ruled that Nabolli can remain in the UK because he has shown remorse.
Nabolli told the asylum court that he had "learned the right lesson" and is now a "law-abiding" delivery driver.
The Albanian national entered the UK in 2018 with his wife, but in January 2022, the Home Office issued a deportation notice for him because he had committed a “serious criminal offence”.
High Court Judge Karim-ullah Khan granted the Albanian the right to remain in the UK.
The Immigration and Asylum Chamber High Tribunal heard that he did not appeal the initial sentence from the judge because he was advised that doing so could make his sentence longer.
He also said that his wife and children had no intention of leaving the UK if he was deported and that he 'couldn't bear the separation' from them.
The Supreme Court's decision states: 'Nabolli claims that his conduct does not constitute a genuine, present and sufficiently serious threat affecting the fundamental interests of society.'
He claims that his expulsion from the UK would be disproportionate under EU law, given the length of his stay, the strength of the ties he has with the UK and the fact that his offensive behaviour was a one-off offence.
He states that he has learned the right lesson and has not committed any new offenses since his release from prison in early April 2022.
Judge Khan said that “Nabolli lives with his wife and two young children and has secured a part-time job, while sharing the care of the children with his wife, who also works part-time.”
"It is significant that there has been no continuation or escalation of his crime. His lifestyle appears to be stable and firmly focused on his family life," the judge said.
Nabolli admitted that his previous criminal offense was serious and that he had made a mistake.
Arifa Ahmed, Senior Presenting Officer at the Ministry of Interior, argued that Nabolli had not reoffended because the threat of deportation “kept him under control” and that by characterizing the offense as a “single incident,” he was failing to take responsibility for his actions.
But Judge Khan disagreed and said: 'It's not that black and white.'
“In fact, his criminal offense was a 'single incident.' There was no escalation or continuation of his criminal offense.
Although it is true that he had the threat of deportation, in my opinion this does not fully explain why he did not reoffend.
For the reasons stated above, I consider that there is insufficient evidence to conclude that Naboll's conduct indicates a propensity to commit a criminal offence again, and therefore his conduct at this time does not constitute a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society.
"Consequently, his appeal is allowed," the judge said.
Lini një Përgjigje