Immigrant Convicted of 50 Crimes Wins Right to Stay in UK

A man who arrived in the United Kingdom illegally as a teenager and has since been convicted of 50 criminal offenses has won the right to remain in the country. An immigration judge determined that the individual would face mistreatment in his native Kosovo because of his Roma ethnicity and statelessness.

Avdi Alija, 39, arrived in the UK in 2002 at the age of 14. His criminal record includes offenses such as burglary, theft, cocaine possession, and driving under the influence of alcohol or drugs. In 2018, Alija was part of a gang that kidnapped a man, forcing him into a car at knifepoint and holding him captive in Alija's bedsit. The victim was assaulted and threatened with violence before escaping through a window from a second-floor balcony. Alija was convicted of false imprisonment and grievous bodily harm (GBH), receiving a nine-year sentence for false imprisonment and an additional year for GBH.

In March 2022, then-Home Secretary Priti Patel ordered Alija's deportation, citing him as a danger to the community. Alija appealed this decision, citing the European Convention on Human Rights (ECHR). Initially, his appeal failed, and a tribunal upheld the deportation order. However, Alija appealed again, and his case was reheard in September 2023. By this time, he had been released from prison on license.

The court heard that Alija was born in Kosovo to Roma parents who were killed and their home destroyed during the 1998-99 Kosovo War. The judge noted that Alija was considered a danger to the community, which typically bars asylum claims under the Geneva Convention. However, Alija was permitted to challenge the deportation order under the ECHR, specifically Articles 2, 3, and 4, which protect the right to life, prohibit degrading treatment, and ban slavery and forced labor.

Immigration Judge Ian Boyes granted Alija's appeal, concluding that his lack of documentation proving 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 judge ruled that Alija is stateless, making removal impossible, and that he would face treatment contrary to Article 3 of the ECHR.

Furthermore, the judge found grounds to allow Alija to remain in the UK under Article 8 of the ECHR, which protects the right to private and family life. The ruling cited Alija's lengthy residence in the UK since childhood, his personal history, practical statelessness, the failure of nationality inquiries, his Roma ethnicity, and his vulnerability to exploitation and destitution as exceptionally harsh consequences of deportation.