An Albanian drug dealer who was sentenced to three years in prison has avoided deportation from Britain, as judges ruled that his removal would leave his daughter “without a male role model.”

The conviction and deportation order

Xhoni Leka went to Britain in 2013 but was denied residency several times. He was later arrested along with his partner, Gjergji Braculla, as they had a cannabis plantation in Cumbria with 1,300 saplings. He was sentenced to three years and four months in prison with a deportation order from the Home Office.

The appeal and the court overturn

Leka appealed, citing Article 8 of the European Convention on Human Rights (right to family life). The Court upheld his claim, ruling that his deportation would be “unduly harsh” on his four-year-old daughter.

Judges Fiona Lindsley and Mark Symes pointed out that Leka played a key role in ensuring his child’s financial and emotional stability by providing her with “a stable and loving home”. They also felt that his wife, a Czech national, would not be able to adapt to Albania as she does not speak the language.

Reaction from the Ministry of Interior

The Home Office argued that there was insufficient evidence that the child would suffer from his father’s deportation. It pointed out that no opinions from psychologists or social services had been provided and argued that the mother could receive state support.

The case has sparked a backlash among the Conservatives, who called the decision “absurd”.

A similar case involving a Polish drug dealer

The decision comes after a similar case involving 22-year-old Polish man Nikodem Lopata, who overturned his deportation because he does not speak Polish and has no family in his home country. Lopata, who was convicted of drug trafficking and weapons possession, argued that re-entering Poland would be extremely difficult as he has lived almost his entire life in Britain.

The cases have reignited the debate over Britain’s membership of the European Convention on Human Rights, with several Conservatives calling for the country to withdraw from it to make it easier to deport criminals.