Straw told to rethink deportation

A HIGH Court judge told the Home Secretary yesterday to reconsider his decision to deport a Nigerian-born commodities broker who has lived in Britain all his adult life.

Part-way through a judicial review of the case, Mr Justice Scott Baker invited barristers representing Jack Straw to consider whether the case should be referred to a fresh immigration adjudication.

The development followed claims by lawyers acting for the broker, Ben James, that the deportation was "illegal and irrational" and that it had failed to take full account of fresh evidence submitted on his behalf.

The judge told Mr Straw's lawyers: "It was most unfortunate that the decision was taken without the new material being considered. There is clearly substantial perception that the wrong decision has been made in some quarters."

He suggested that the Home Secretary might reconsider a new adjudication of the case under section 21 of the Immigration Act 1971. The Home Office must have its response ready when the court reconvenes at 10.30am today.

Earlier the court had heard evidence from Sir Herman Ouseley, the chairman of the Commission for Racial Equality, who said that the deportation of Mr James could have a damaging effect on British race relations.

Sir Herman, a near neighbour of Mr James in Peckham, south London, said the commodities broker had become a role model for young black men in the area.

He said: "It would be a tragedy if the message we send out to these young men is that hard work and enterprise do not count for anything when the odds are stacked against you."

Mr James, 30, came to Britain as a 14-year-old schoolboy but had to fend for himself at the age of 16 after his family stopped paying his school fees. He took a series of low-paid jobs before setting himself up as a financial consultant.

He says he has no contact with friends or relatives in Nigeria and no longer speaks any of the native languages.

Outside the court, the television presenter Trevor Phillips, who is running for the Labour candidacy for the post of mayor of London, said: "I cannot understand why the Home Office is pursuing this. It's clear that Ben is British; he belongs here, he presents no threat or problem of any kind."

Mr James's counsel Stephanie Harrison, told the judge that deportation would infringe Mr James's fundamental right to a private life guaranteed under Article 8 of the European Convention on Human Rights.

Ms Harrison claimed that earlier assessments of Mr James's character had been unduly influenced by the views of an adjudicator in 1993 that he was "a playboy son from a monied background" whose description of his business "lacks all credibility".

The Home Office now accepts that he has established a successful business. It maintains that Mr James should be deported as his leave to remain in Britain expired in 1986. In a submission, the Home Office said: "There is no reason why he should not be able to establish himself in Nigeria."