Two more foreign rioters foil attempts to deport them because of their 'right to a family life' under Human Rights Act

Two foreign rioters jailed for their part in England's civil unrest two years ago have foiled attempts to deport them by citing their human right to 'family life'.
The successful appeals by Ubong-Luke Nkanta, of south-east London, and a second man, who has been granted anonymity, defy the Government's pledge to deport any foreign national convicted over the 2011 disturbances.
Critics say the decisions sharply contradict official efforts to take exemplary action against those involved in the outbreaks of violence in London and elsewhere that summer.

A Carpetright store burns on Tottenham High Road on August 6, 2011: Two foreign rioters jailed for their part in the civil unrest have foiled attempts to deport them by citing their human right to 'family life'

Government anger over the use of Article Eight of the Human Rights Act, which enshrines the right to a family life, has prompted Home Secretary Theresa May to draft new laws to stop foreign criminals avoiding deportation.
Ministers believe judges will be unable to ignore the new legislation, as they appear to have ignored rules introduced last July that they should only allow the use of Article Eight in 'exceptional circumstances'.

Immigration Minister Mark Harper said today: 'Any foreign national who abuses the privilege of coming to the UK by committing a serious offence should face the consequences.
'Many of those convicted of involvement in the 2011 summer's riots are still behind bars - that's where they belong.
'We are pursuing deportation in scores of cases and wherever possible we will remove them from the UK — regardless of whether they have family here.
'We are disappointed with this judgment and that is why this Government will bring forward primary legislation to prevent foreign nationals remaining in the UK through abuse of the Human Rights Act.
'We are also looking at appeals to make sure that foreign nationals cannot misuse the legal system and the courts in bids to stay in the country.'

A youth films rioters throwing missiles at police lines on August 8, 2011: Government anger over the use of the Human Rights Act has prompted Theresa May to draft new laws to stop foreign criminals using it

A masked rioter is seen dragging a bin in to make barricades in Hackney: More than 200 foreign criminals were convicted for their part in the riots in which hundreds of millions of pounds of damage was done

The latest cases, reported in the Sunday Telegraph, highlight the arguments used which are causing the Home Office such frustration.
In the first case, Nigerian-born Ubong-Luke Nkanta, from Thamesmead, was in November 2011 jailed for 18 months for burglary during the riots in London.
The 25-year-old entered a building which was being looted by rioters but did not steal anything because, he told the court, 'there was nothing left to take'.
The Home Office began deportation proceedings against him as he approached his release from jail last summer, but he appealed against the move by citing his 'right to a family life'.
He argued his relationship with his two biological children in the UK as well as his current partner's children meant his human rights would be breached if he was deported.
The lower immigration tribunal agreed and, following an appeal by the Home Office, the decision was upheld by Upper Immigration Tribunal Judge Isabel Murray.
The second case is of a Zimbabwean who can only be named as 'TS' after senior immigration judges granted him anonymity - despite the fact criminal courts had allowed him to be named.
He was convicted of violent disorder and jailed for 15 months after joining a group of 30 to 50 youths who rampaged through two Buckinghamshire towns in copy cat riots three days after the initial outbreak of violence in Tottenham.
The gang, which was later described in court as a 'mindless mob', swept through Milton Keynes and Bletchley launching attacks on vehicles and shops, including a Chinese takeaway whose owners were robbed of their takings.
TS was identified as one of the main culprits who launched an attack on a bus which left its driver 'frightened for her life' as they kicked the vehicle and pelted it with rocks.

A masked youth during riots in Hackney, London: Both the rioters in today's story were granted the right to remain in the country based on their right to a family life under Article Eight of the Human Rights Act

Ministers had pledged to take tough action to kick out foreign criminals as quickly as possible after the riots in August 2011 which began in Tottenham, north London and spread across the country into several nights of carnage.
More than 200 foreign criminals were convicted for their part in the riots in which shops were plundered, businesses set ablaze and hundreds of millions of pounds of damage done.
Home Office minister Damian Green said at the time: ‘We strongly believe that foreign national lawbreakers should be removed from the UK at the earliest opportunity.
‘We also have the power to cancel visas of foreign nationals found guilty of criminal activity, and this is something we will be looking to do when these cases arise.’
In the following months, it emerged that non-UK nationals played a central role in the mayhem. Figures from the courts showed one in seven of all convicted rioters was from overseas.
The Ministry of Justice released a list showing 44 nationalities of convicted rioters, including those from Afghanistan, Cuba, Ethiopia and Samoa.
The largest group was Jamaicans, followed by Somali and Polish offenders. Other rioters came from Colombia, Iraq, the Congo, Vietnam and Zimbabwe.

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