Test case victory for immigrant

Immigrants yesterday won an important High Court ruling which supports the right of well-established couples to stay together and not be split up by deportation - even if a husband, wife or partner has broken immigration rules.

In a test case, a judge quashed a Home Office decision to proceed with the deportation of a Ghanaian husband, Benjamin Amankwah, of Plaistow, east London, who had overstayed his permission to remain in the UK.

He ruled that there had been a 'perverse' failure by the Home Secretary to comply with his department's own policy guidelines, introduced in January, to protect family life.

At least 16 other cases were awaiting the outcome of today's hearing.

Mr Justice Popplewell said instructions had been given by the Home Office Enforcement Policy Group that, where a person being considered for deportation in a non-criminal case had been in a genuine marriage or cohabitation with a person settled in the UK for two years or more, as a general rule deportation should not be pursued.

A Home Office spokeswoman said: 'We shall very seriously consider today's judgment and then decided whether or not to appeal.'