An Albanian national jailed for his involvement in a £1.5 million cannabis plot has won the right to contest his deportation from the UK. An immigration tribunal judge ruled that his crime may not meet the threshold for 'serious harm' because the cannabis was seized before it could be sold.
The case of Ndue Paluca, who entered the UK without permission in 2012, has drawn criticism from politicians. Chris Philp MP, Shadow Home Secretary, described the situation as "absurd" that "being caught red-handed now counts in a criminal's favour."
Paluca was part of a gang that aimed to cultivate and sell cannabis across the Home Counties. Police raids uncovered over 485 cannabis plants, half a kilogram of harvested cannabis, and more than £61,000 in cash. In 2021, Paluca was sentenced to 10 months in prison for his role, while ten other gang members received sentences totaling over 36 years for what a judge termed "serious organised crime."
In October 2023, Paluca challenged his deportation order, citing Article 8 of the European Convention on Human Rights, which protects the right to family life. His legal team argued that deportation would be "unduly harsh" on his Lithuanian partner and their two young children.
However, a first-tier immigration tribunal rejected his challenge in March 2025, concluding that the seriousness of his offense outweighed his human rights. Paluca's lawyers appealed this decision to the upper tribunal, arguing that the initial judge had overlooked the fact that police seized all the cannabis before it could be distributed.
Upper Tribunal Judge Sarah Grey agreed, quashing the previous finding. She ruled that the first judge had erred in finding Paluca caused "serious harm" because the drugs did not enter society. Judge Grey also noted that Paluca's role was limited to working as a "gardener" at one of the raided properties. Furthermore, the judge criticized the lower tribunal for failing to adequately consider the impact of deportation on Paluca's two young children and for not fully engaging with a social worker's report.
As a result, Judge Grey has sent Paluca's appeal back to the first-tier tribunal for reconsideration, allowing him to remain in the UK while the case proceeds. This ruling is one of several controversial immigration court decisions that have sparked debate.