Ghanian Criminal Granted Residency in the UK Despite Past Convictions

Oduola Toye, a Ghanian national known for criminal activities, including drug trafficking and fraud, has been allowed to stay in the UK after entering the country illegally on a forged passport. His deportation occurred three times as he served a four-year sentence, but on each occasion, he returned to the UK to contest his removal. Toye has managed to establish a family in the UK, having fathered three children, and he claimed that separating from them would violate his right to family life under the European Convention on Human Rights (ECHR).

In 2011, authorities became aware of Toye when he received illegal entry notifications, and he subsequently embarked on numerous appeals against his deportation. Judge Pinder ruled in favor of Toye, stating that he has shown significant personal reform since his deportation efforts began in 2011, focusing on providing emotional and physical support for his family. The Home Office, however, has strongly disagreed with the court's decision and plans to appeal, emphasizing their commitment to deporting foreign criminals.

This ruling is part of a larger trend where individuals with criminal histories have successfully claimed asylum in the UK. Previous cases include an Albanian asylum seeker allowed to remain primarily due to his child's dietary preferences and a Brazilian sentenced for serious crimes who avoided extradition on human rights grounds. Justice Secretary Shabana Mahmood called for reforms to the ECHR, arguing that the law often seems to favor those who break the rules over law-abiding citizens. Mahmood expressed concern about the erosion of public trust in the legal system, particularly regarding immigration and criminal justice, stating that serious offenders should be removed from the country rather than be able to exploit human rights claims.