Driver who caused A14 crash which killed mum wins deportation appeal
A failed asylum seeker whose dangerous driving killed another motorist on the A14 has won an appeal against deportation.
The man, who has been granted anonymity by an upper tribunal judge, was responsible for the death of a mum in a collision on the A14 near Ipswich.
He became automatically liable for deportation after serving a custodial sentence handed down at Ipswich Crown Court for causing death by dangerous driving.
The man had entered the UK using a tourist visa but overstayed after the Home Office refused his claim for asylum.
He argued that deportation would result in a breach of his rights under article eight of European Convention on Human Rights (ECHR).
The Upper Tribunal (Immigration and Asylum Chamber) heard that his children were British citizens and entitled to remain in the country.
The judge found that the impact of separation from the man and his wife would cause an unacceptable level of hardship for the children.
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The impact of relocating as a unit would be "devastating" on the children, said the judge, who found that they had vulnerabilities, were dependant, and that it would be unfair and unreasonable to expect them to re-locate as a result of their father's lack of judgement.
The public interest in deporting him weighed heavily in favour of the Home Office, said the judge, who found little risk of re-offending, but acknowledged the "serious and devastating" consequences of the crime.
The judge said that the impact of deportation would be "bleak and grim" for the family, whose problems were exacerbated by poor health issues and dependency.
In conclusion, the judge ruled that, in the light of all relevant factors, having conducted an evaluative assessment, the decision of the Home Office breaches the man's rights under article eight of the ECHR and that the appeal should be allowed.