Foreign criminal allowed to stay in UK after judge rules his involvement in a gang shows he has integrated

‘The likely association of the appellant with this north London gang is a good example of his integration into one of the less savoury aspects of UK life,’ said Judge Ruth Evan in 2016

Tolga Binbuga has been convicted of offences including robbery, assault and burglary (Getty)

A judge ruled that a Turkish criminal should be allowed to stay in the UK, arguing his association with a London gang was evidence of his integration into British society.

Tolga Binbuga, 29, came to the UK when he was nine years old and although the rest of his family were granted British citizenship in 2010, he did not apply.

He has been convicted of various offences including robbery, assault and burglary.

As a result, the Home Office has tried to deport him since 2014, but he lodged appeals to avoid leaving the country, with one judge ruling in 2016 that he should be allowed to remain in Britain because he could be regarded as a “homegrown criminal”.

Judge Evan Ruth said in his First-tier Tribunal ruling: “It is a sad and unpleasant fact of life that in various parts of London ‘gang culture’ is an accepted and widespread part of life for many young people.

“According to the probation service report, the appellant is known to have previously associated with a gang called the ‘Get Money Gang’ in north London.

“It is clear from the report that the probation service accepted that the appellant conducted his previous offending behaviour always in the presence of other young persons.

“In my view, although it is a sad and unpleasant conclusion, the likely association of the appellant with this north London gang is a good example of his integration into one of the less savoury aspects of UK life.”

However, Judge Ruth was said to have “erred in law” with his judgment.

When the case came before the Upper Tribunal, a higher court, the argument Binbuga had integrated as evidenced by his gang connections was dismissed.

Judge Alistair McGeachy said: “I simply cannot accept that being a member of a gang in north London can possibly be considered to be an example of social and cultural integration.

“There must be imported into the term ‘social and cultural integration’ the norms of British society. Indeed, I consider that being a member of a gang is the antithesis of being socially and culturally integrated in the UK.”

Binbuga’s appeal against the decision to deport him was dismissed last week at the Court of Appeal.

The Home Office has not said whether Binbuga has been deported yet.

Additional reporting by Press Association