Wednesday, February 8, 2012

Killer's 'family life' plea is thrown out meaning Nepalese thug CAN be removed from Britain

Judges have quashed a notorious ruling which allowed a Nepalese killer with no wife or children to stay in the UK to protect his right to a family life. Campaigners hope the ruling in the case of Rocky Gurung will be the first step towards restoring some common sense to the country’s deportation and human rights laws.

Gurung was one of a group of thugs who killed an innocent man by throwing him into the Thames on a drunken night out. The victim, Bishal Gurung – no relation – was the son of a hero Gurkha.

The Home Secretary wanted to remove the killer from the UK once he had served his jail sentence for what the trial judge called ‘wanton and inexcusable violence’. But, in a judgment that provoked outrage, the Upper Tribunal of the asylum and immigration court ruled that deporting Gurung would breach Article 8 of Labour’s Human Rights Act – the right to a family life.

His parents live in Britain, and he successfully argued that if he were deported, his father would have to go with him to look after him, breaking up his family here.

Critics said it marked an alarming extension in the scope of Article 8, which is blocking more than one deportation every day.

Now, the three senior Appeal Court judges have overturned the tribunal’s verdict.

They said the tribunal seemed to have spent its time looking for reasons why they shouldn’t deport Gurung, now 23. A different panel will look at the case afresh. Gurung will remain here while it is considered.

Last night, the verdict was welcomed by Tory Dominic Raab, the MP who represents the victim’s family. He said: ‘This ruling highlights the shambles in our deportation system. The immigration tribunal allows far too many serious criminals to avoid deportation on inflated human rights grounds.’

The Appeal Court judgment describes Gurung, who was given indefinite leave to remain in Britain in 2005, as a ‘physically fit and intellectually sound young man who had lived in Nepal in the past’. It went on: ‘There was no objective need for his father to return with him, save perhaps briefly, if he was now deported there.’

Bishal Gurung, 23, was a waiter whose father served with the Gurkhas for 16 years. In April 2008, Bishal was chased along the Embankment in London by up to 15 men before being forced to the ground and kicked repeatedly in the head, then hurled into the Thames.

Following a trial in 2009, Rocky Gurung was convicted of manslaughter, along with an associate, and jailed for three years.


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