The case of an Albanian criminal who argued against deportation partly citing his son’s aversion to foreign chicken nuggets is “difficult” but has at the heart of it “a particularly vulnerable child”, a human rights boss has said.
The ruling is centred on the rights of Klevis Disha’s 11-year-old son and how he might be impacted if separated from his father, Mary-Ann Stephenson said.
The chairwoman of the Equality and Human Rights Commission (EHRC), who recently marked 100 days in her role with Britain’s rights watchdog, told the Press Association the ruling showed the “difficult balances” which need to be struck between competing rights in certain cases.
Disha, 40, is allowed to remain in the UK despite being a convicted criminal after a tribunal judge allowed his appeal against deportation on human rights grounds.
I do think it is important to remember that at the heart of this case, the human rights that we were talking about were the human rights of the child involved
His son, whom the judge said cannot be named, is described as having “complex and significant behavioural and other challenges”, “has a limited diet” and faces sensory sensitivities including struggles with “certain textures of foods, smells and clothing”.
The ruling published this week by the First-tier tribunal came after an earlier ruling by a different judge which concluded that it would be “unduly harsh” for the child, who is a British citizen and is known as “C” in court documents, to return to Albania with his father.
The young boy’s aversion to eating “the type of chicken nuggets that are available abroad” was listed in court documents.
That ruling was appealed by the Home Office, which argued there was not enough evidence to show Disha’s deportation would be “unduly harsh” on his son.
In a ruling in early 2025, the case was referred to a new judge who published a decision on Tuesday.
The judge said: “Considering all the evidence in the round, I find that it is in C’s best interests to remain with the appellant (Disha)… in the United Kingdom, the only country C knows.”
The judge said the child’s “familiarity with Albania is limited and C does not speak nor understand Albanian”.
The ruling said the child was on a waiting list for a specialised ASD (autism spectrum disorder) assessment but that a report from a special educational needs co-ordinator had noted his “behaviours remain consistent with autism spectrum”.
Stephenson said it was the needs of a “particularly vulnerable child” that the court was responding to in this case.
Disha had, in September 2017, been sentenced to two years in prison after being found in possession of more than 300,000 euros in cash, known to be proceeds of crime.
He had entered the UK illegally as an unaccompanied minor in 2001, and was stripped of his UK citizenship in 2021.
Government guidance states that for offenders sentenced to less than four years, deportation can be avoided if it is deemed the impact on their child would be “unduly harsh”, but those with longer sentences must show “very compelling circumstances” over and above this.
Stephenson said the way in which the law works recognises the “difficult balances”, with a “significantly higher” bar for the most serious offenders to avoid being deported.
The Government said it was “disappointed” by the latest ruling and was considering an appeal to the Upper Tribunal.
