Friday, March 14, 2025 - A convicted Ghanaian pastor who was deported from Britain for using fake documents should be free to return to the country, a tribunal has ruled.
Pastor Samuel Frimpong was jailed for four months for using false
documents to try and 'circumvent' the leave to remain rules, an immigration
judge was told.
The father-of-two was handed a deportation order shortly after his
conviction in 2008 and left the country in 2013. He has since been living a
'depressive life' in Ghana away from his family, the hearing was told.
His 11 and 15-year-old children were born after his initial conviction
and their mother now finds it 'difficult to explain' where their father is and
feel 'socially isolated' as a result of his absence.
Mr. Frimpong was granted permission to appeal his deportation at the
time but he then 'went to ground' and was listed as an 'absconder'.
In November 2022 he was told by an immigration officer that his
deportation order would not be revoked.
The pastor appealed that decision but a First-Tier Immigration Tribunal
rejected his case in February last year.
But after appealing to the Upper Tier of the Immigration Tribunal, Judge
Abid Mahmood has decided to revoke the deportation order ruling it was an
'unjustifiable interference' in his human rights.Mr. Frimpong appealed under
Article 8 of the European Convention on Human Rights, arguing that his right to
family life and that of his wife and children had been 'interfered with'.
At the hearing, Mr Frimpong's wife, who was not named by the tribunal,
said the family had been evicted following his deportation.
She said: 'The immediate after-effects of the deportation includ[ed]
being evicted from their original home and having to move schools.
'The children are somewhat socially isolated without their father and
find it difficult to understand why their father is not with them and they find
it difficult to explain to others at school and the like where their father is.
'They "keep begging their father to come to England and always pray
for his safe return to have his attention, support and affection".'
Mrs Frimpong also said she is unable to work full-time whilst caring for
the children and so the family cannot afford to travel back to Ghana.
'[She] said that [he] was very sorry and remorseful
every day for what he had done. The 11 years apart had had a huge impact on the
family,' the tribunal heard.
'She had not been able to visit Ghana and nor had
her children because despite living in difficult accommodation in the UK, there
is little in the way of funds available to undertake any international travel.'
Arguing against, the government representative said
that Mr Frimpong's use of false documents 'fundamentally undermines immigration
control'.
Revoking the deportation order, Upper Tribunal
Judge Mahmood admitted that his dishonesty had been 'serious' but said the
family were living 'depressive lives' and it would be 'insurmountable' for the
children to move to Ghana.
He said: 'It is clear to me that these children having to leave their
lives in the UK, their schools, and their friends to live in a one-room home in
poor conditions in Ghana are insurmountable obstacles.
'Their church means much to them and they are an important part of it.
'Modern means of communication have been tried in this case and have
failed, as shown by the depressive lives being lived by the children and their
mother here in the UK. Additionally, in light of the depressive life being
lived by [Mr Frimpong] in Ghana.
'Ultimately, in this case, the probation report made clear that there is
no risk of harm to others.
'The offence was in 2008. That is over 16 years ago. There has been no
recorded offending against [Mr Frimpong] since then. [He] works as a pastor.
'He has apologised profusely for his offending and behaviour. He has
sought to make amends by practising and assisting others in his religion.
'I conclude that despite the very heavy weight to be afforded to the
public interest and the presumption of deportation, in the particular
circumstances of this case, [the] refusal to revoke the deportation order made
against [Mr Frimpong] amounts to an unjustifiable interference with the Article
8 rights of [him], his partner and his two children.'
Mr Frimpong can now apply for entry clearance to come back to the UK.
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