An Indian national convicted of robbing two vulnerable women, including a grandmother, has been permitted to remain in the United Kingdom after an immigration judge ruled that his deportation would be "unduly harsh."
Upper Tribunal Judge Anna-Rose Landes determined that removing the 30-year-old, referred to as AB, would have severe consequences for his British citizen wife and their two young children. AB was jailed for five years for two counts of robbery, which occurred while he was under the influence of drugs. One victim, a grandmother in her late seventies, had her gold chain stolen as she waited at a bus stop. The other victim was targeted while walking with her children in a pram, causing her to fall and sustain injuries.
AB also has a prior conviction for assault occasioning actual bodily harm. The judge noted that while AB is considered a "serious offender" due to his sentence, he has shown progress toward rehabilitation since the offenses were committed.
The court heard that AB's wife suffers from multiple health issues, including inflammatory arthritis, depression, anxiety, and POTS, and relies on him as her primary caregiver. The judge found that separating her from her husband would be "devastating."
Furthermore, the tribunal was informed that AB's family has received threats from relatives in India, including a prominent Pakistani politician, making it unsafe for them to travel to India with him. The wife stated that the politician had made honor-based threats against her and her family. Consequently, the judge concluded that it would be "unduly harsh" for the wife and children to accompany AB to India, and that the children would face "very serious difficulties" there.
AB, who cannot be named for legal reasons, came to the UK at age 11. His father had been sentenced in Britain for murdering his mother. Although he returned to India, he came back to the UK within his visit visa's time limit. His visa status became irregular after a cousin's attempt to extend his visa was rejected in 2013, and he remained in the UK until his arrest in 2016.
In 2017, he married a British-born woman of Pakistani nationality and converted to Islam. This union reportedly caused significant family upset and led to threats against the couple. AB was convicted of assault in 2017 and received a suspended sentence. He was convicted of the robberies in 2019.
Judge Landes acknowledged the serious nature of AB's crimes and the strong public interest in deporting foreign national offenders. However, she concluded that in this specific case, the compelling circumstances related to his family's well-being and safety outweighed the public interest in his deportation, meeting the high bar required by law for such exceptions.