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An Albanian immigrant, Gazmend Jaupaj, jailed for growing cannabis has escaped deportation because he would have violated his wife's human rights if the couple were forced to choose between moving to Albania or separating, an immigration court in Britain has ruled. .
The judges ruled that it would be "extremely harsh" for Jaupaj's Filipino wife to be separated from him or forced to move to Albania with him if he was deported, reports The Telegraph.
The court threw out the Home Office's decision to deport Jaupaj, 38, on the grounds that doing so would be a breach of the couple's human rights. Article 8 of the European Convention on Human Rights stipulates that everyone has the right to respect for their private and family life.
"The effect of Jaupaj's deportation on his wife would be extremely severe. It is not a realistic option to expect her to relocate to Albania, and separation from her husband is likely to cause real damage to her mental health." , it was said in the court's decision.
Jaupaj entered the UK illegally on 1 September 2012 and met his wife in February 2018. They married on 17 April 2021. A month later he was arrested after police discovered he was growing 600 marijuana plants in a house in the Leicestershire village of Thurmaston.
Officers also found a 15kg shipment that had been vacuum-packed, ready for pickup. This would have a road value of around £500,000. Jaupaj was sentenced to two years in prison for manufacturing a controlled drug. A subsequent deportation order made on September 13 was contested by his lawyers.
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