A United Kingdom immigration judge has blocked the deportation of a Nigerian man, Tunde Alao, despite his conviction and 31-month prison sentence for involvement in a conspiracy to produce fake driving licences, ruling that his personal conduct did not demonstrate that he posed a sufficiently serious threat to one of the fundamental interests of British society.
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Judge Priya Solanki of the Upper Tribunal reached the decision in Alao’s appeal against efforts by the Home Office to remove him from the United Kingdom following completion of his prison sentence.
Alao was reported to have moved to the UK in either 2004 or 2005 and lived in the country without lawful immigration status for a period before applying for permission to remain under the European Union Settlement Scheme in August 2020.
He was subsequently granted limited leave to remain in February 2021.
His immigration position later became complicated by criminal proceedings arising from a fraudulent scheme involving fake driving licences.
In June 2022, Alao was convicted of conspiracy to defraud in connection with the production of fraudulent driving licences between 2019 and January 2022.
The fraudulent scheme was said not to have ultimately succeeded, although the criminal court was told that it could have generated substantial financial returns had it been successful.
Alao pleaded guilty and was sentenced to 31 months’ imprisonment. He was also ordered to pay a £149 victim surcharge.
He was released from prison in August 2023, following which the Home Office sought to deport him from the United Kingdom because of his conviction.
Alao challenged the deportation decision, maintaining that he had not committed any further offences after his conviction and had taken steps to address the behaviour that led to his imprisonment.
As part of his case against removal, he told the tribunal that he had attended courses intended to address his offending behaviour.
Evidence was also placed before the tribunal concerning his conduct after leaving prison.
Since October 2023, Alao has worked part-time as an office assistant and client coordinator for the same employer.
His employer gave evidence in support of his continued residence in Britain, describing him as a valuable member of staff who had integrated into his workplace and wider community.
“Mr Alao has been a highly valued member of our team since October 1st 2023, and I believe that it is in the best interest of both our business and the community for him to remain in the UK,” his employer said.
The employer further told the tribunal that Alao had established relationships with colleagues and participated in activities within the community.
“In addition to his professional contributions, Mr Alao has integrated well into UK society, building strong relationships with his colleagues and actively participating in community events,” the employer said.
“His presence in the UK is not only beneficial for our business, but also for the broader community in which he lives and works.”
In considering whether Alao should nevertheless be deported, Judge Solanki examined the risk posed by his continued presence in the country.
The judge said she was not satisfied that Alao’s personal conduct represented a “serious threat” affecting one of the fundamental interests of society in the United Kingdom.
The tribunal also considered an assessment of the likelihood that he would reoffend.
“Mr Alao’s re-conviction calculation is six per cent within one year and 12 per cent within two years. This is within the low range,” Judge Solanki said.
She added that the risk could be reduced further if Alao continued to participate in programmes designed to address the factors associated with his criminal conduct.
“This risk could be reduced if Mr Alao engages with interventions focused on addressing the identified criminogenic and offence-triggering behaviour,” she said.
The ruling therefore prevented the Home Office from deporting Alao on the basis challenged in the proceedings, notwithstanding his previous conviction and custodial sentence.
The decision turned not simply on the fact that Alao had been convicted of a serious offence, but on the tribunal’s assessment of his personal conduct, rehabilitation evidence and the level of continuing threat he was considered to pose.
Alao’s guilty plea and 31-month sentence were not disputed. The central question before the tribunal was whether his circumstances following the conviction justified deportation under the applicable immigration framework.
On the evidence placed before her, Judge Solanki concluded that the required level of serious threat had not been established.
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