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Immigration judge rulings on whether foreign criminals and rejected asylum seekers should be allowed to remain in UK are set to be made public

Дата публикации: 19-11-2025 12:13:32

The move by Lady Chief Justice Baroness Carr follows a series of controversial cases where criminals and failed asylum seekers have blocked or delayed their deportation.

Основное содержимое страницы с новостью.

By RORY TINGLE, HOME AFFAIRS CORRESPONDENT

Published: 07:09 EDT, 19 November 2025 | Updated: 07:13 EDT, 19 November 2025

All rulings by immigration judges are set to be published in a major victory for open justice. 

The move by Lady Chief Justice Baroness Carr follows a series of controversial cases where criminals and failed asylum seekers have been able to block or delay attempts to deport them using dubious appeals to human rights law. 

Notorious cases include an Albanian criminal who was allowed to stay in Britain partly because his son had a 'distaste' for foreign chicken nuggets, and a paedophile who claimed he would not be able to access treatment for his alcoholism in Pakistan

Currently, only rulings by senior judges in upper-tier tribunals are published, with any made by lower-tier tribunals staying off the public record. 

By revealing the rulings of first-tier tribunal, it will be easier to hold judges accountable for their decisions and the reasoning behind them. 

Baroness Carr - the most senior judge in England and Wales - announced the change in her 77-page annual report

'Work on publishing judgments from the First-tier Tribunal Immigration and Asylum Chamber has moved from setting principles to planning how it will work in practice,' she wrote. 

'The board is reviewing the best platforms and processes to make all judgments publicly available. A scoping exercise to guide the full rollout of judgment publication is expected to finish within the next three to six months.'

The move by Lady Chief Justice Baroness Carr follows a series of controversial immigration tribunal cases 

Robert Jenrick, the shadow justice secretary, praised the decision as a boost for transparency. 

'A small win - the judiciary will finally lift the veil of secrecy over asylum tribunals,' he said. 

'This will finally make it possible to scrutinise all decisions by judges. The public always deserved to know who is being allowed to stay and why.'

One farcical immigration tribunal decision concerned Albanian criminal Klevis Disha, 39, who was jailed in 2021 for two years for handling £300,000 of stolen cash. 

Then Home Secretary Priti Patel ordered he should be deported to Albania and stripped of his UK citizenship, but Disha appealed - partly on the basis that his 10-year-old son had sensory issues with different types of food and 'will not eat the type of chicken nuggets that are available abroad'.

A first-tier tribunal ruled that it would be 'unduly harsh' to send the boy back with his father due to his food sensitivities. 

Its decision was only made public after being overturned by a higher court. 

Another Albanian, drug dealer Roland Matranxhi, was told by a first-tier tribunal judge that he could stay in the UK because his relationship with his wife might 'dwindle away' if he was deported. 

Meanwhile, a Pakistani paedophile who claimed to be an alcoholic was allowed to delay his deportation partly on the basis that drinking is illegal for Muslims in his home country so he would not be able to access proper treatment. 

Albanian drug dealer Roland Matranxhi was told by a first-tier tribunal judge that he could stay in the UK because his relationship with his wife might 'dwindle away' if he was deported

Home Secretary Shabana Mahmood has vowed to make it harder for foreign criminals or failed asylum seekers to avoid deportation by citing the European Convention of Human Rights (ECHR). 

Article 8 claims – in which foreign nationals argue it would be unfair to split them from relatives – will face a stronger 'public interest test', which will allow wider issues such as 'stretched public services' and 'economic prosperity' to be taken into account.

Labour's new package also said the definition of 'family' will be revised, so it 'should not normally go beyond immediate family members'. But both proposals are likely to lead to legal challenges.

Ms Mahmood has also said she wants to narrow the scope of another part of the ECHR.

Article 3, barring torture and inhuman or degrading treatment, has been interpreted very widely by the courts. But Ms Mahmood's plan weakly proposes opening discussions with the Council of Europe, which oversees the ECHR, to secure reforms.

Even if she secures agreement, this would take years. Sir Keir Starmer has vowed to keep Britain in the ECHR. 

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