Convicted Kidnapper Wins Right to Stay in UK Due to Roma Heritage and Statelessness

A man who arrived in the United Kingdom illegally at age 14 and has since been convicted of 50 criminal offenses, including kidnapping, has been granted the right to remain in the UK. An immigration judge ruled that Avdi Alija, 39, would face mistreatment in his native Kosovo due to his Roma ethnicity and statelessness.

Alija was part of a gang that kidnapped a man in 2018, forcing him into a car at knifepoint. The victim was held captive in Alija's bedsit, assaulted, and threatened with further violence if he did not pay £50,000. The victim eventually escaped by kicking through a double-glazed window and jumping from a second-floor balcony. Alija was sentenced to nine years in prison for false imprisonment and an additional year for grievous bodily harm.

In March 2022, then-Home Secretary Priti Patel ordered Alija's deportation. He appealed the decision, citing the European Convention on Human Rights (ECHR). Initially, a first-tier immigration tribunal upheld the deportation order. However, Alija appealed again, and his case was reheard by immigration judge Ian Boyes.

Judge Boyes noted that Alija was considered a danger to the community, which typically bars asylum claims under the Geneva Convention. However, the judge found that Alija's lack of documentation proving his Kosovan nationality, combined with his Roma identity, would put him at risk of ill-treatment in Kosovo. An expert witness testified that Alija would "face discrimination, potential exploitation and abuse" if deported.

"The most pertinent issue is that the appellant is stateless. He thus cannot be removed," Judge Boyes wrote in his ruling. "To the extent that removal would take place to Kosovo then I am satisfied he would face treatment contrary to Article 3 ECHR."

The judge also cited Article 8 of the ECHR, which protects the right to private and family life, as grounds for allowing Alija to remain in the UK. The judge concluded that "the consequences of deportation would be exceptionally harsh," considering Alija's lengthy residence in the UK since childhood, his practical statelessness, his Roma ethnicity, and his vulnerability to exploitation and destitution.

Alija arrived in the UK in the back of a lorry in 2002. His criminal record includes offenses ranging from burglary and theft to cocaine possession and driving under the influence of alcohol or drugs. He had already been released on license from prison by the time his appeal was reheard.