Ghanaian mother who force-fed baby to death wins human rights appeal to stay in Britain
The baby died of pneumonia caused by inhalation of food into her lungs
A Ghanaian nurse who force-fed her baby to death will not be deported after a court ruled it would breach her right to a "family life".
The woman, who cannot be named for legal reasons, has been granted permission to live in Britain indefinitely after a bid to deport her was overturned under Article 8 of the European Convention on Human Rights (ECHR) , which protects the right to a "family life".
The nurse, 33, was jailed for three years after she force-fed her 10-month-old daughter to death in 2011. The baby died of pneumonia caused by the inhalation of food into her lungs. The woman was released from prison in April after serving her three-year sentence.
Her criminal history and the length of her sentence made her liable for automatic deportation under Home Office rules, which state that any foreign national sentenced to 12 months or more can be "automatically deported unless they can show that this would breach their rights".
Home Secretary Theresa May attempted to deport the nurse after she had served her sentence, but the woman, who can only be referred to GHA after winning lifelong anonymity, lodged an appeal and won her case, citing Article 8 of the European Convention on Human Rights.
Previous attempts to deport her were rejected after she appealed and won her case at a lower immigration tribunal in February. A further appeal to overturn the tribunal's ruling failed last month meaning the nurse, who came to the UK on a student visa in 2000, will be allowed to stay in the UK.
The nurse now lives with her partner and her three surviving children in a London flat after social services concluded the children were under "no significant risk of harm" and described them as a "close, committed family unit".
The Home Office is set to appeal against the tribunal’s decision.
A spokesman added: "We firmly believe foreign nationals who break the law should be deported. We are disappointed by the tribunal's decision in this case and are seeking to appeal against it.
"Through the recently passed Immigration Act, we are making it easier to remove people from the UK and harder for individuals to prolong their stay with spurious appeals, by cutting the number of appeal rights from 17 to four.
"It will also ensure that judges deal with Article 8 claims in the right way — making clear the right to a family life is not regarded as absolute and unqualified."
- 1 Tourist films plane's descent just metres above packed Caribbean beach
- 3 World Book Day: Boy 'excluded' from school after dressing up as Fifty Shades' Christian Grey
- 4 Bad Jews poster 'censored' on London Tube
- 5 Have sex with your iPad thanks to the new sex toy no-one asked for
Tourist films plane's descent just metres above packed Caribbean beach
Indian woman creates 'Marriage CV' after parents put her on dating site: 'Definitely not marriage material. Won’t grow long hair, ever'
Isis 'bulldozes' Nimrud: UNESCO condemns destruction of ancient Assyrian site as a 'war crime'
Professor Brian Cox brands astrology-believing Tory MP David Tredinnick an 'outlier on the spectrum of reason'
Lynch mob kills suspected rapist in India after dragging him naked for four miles through city
Nearly 100,000 of Britain's poorest children go hungry after parents' benefits are cut
Durham Free School: 'Creationism taught at' free school facing closure
End of the licence fee: BBC to back radical overhaul of how it is funded
Elif Shafak: Turkish author warns against rise of British nationalism
Ex-head of MI6: 'We shouldn't kid ourselves that Russia is on a path to democracy'
Most people think legal tax avoidance is just as wrong as illegal tax evasion, poll suggests
£65000 per annum: Ashdown Group: Technical Presales Engineer - central London ...
£20000 - £50000 per annum: Recruitment Genius: A Physiotherapist / Sports Ther...
£8 - £9 per hour: Recruitment Genius: Sales Executives / Advisors are required...
£14000 - £15000 per annum: Recruitment Genius: An opportunity has arisen for a...