A violent Polish criminal with a history of abuse has had his deportation blocked after claiming to be a ‘father figure’ to his teenage nephew, with a judge ruling that deporting him would breach his human rights.
Konrad Makocki, who has nine criminal convictions including violence and domestic abuse, argued that his close relationship with his nephew should allow him to stay in the UK.
Despite his history of alcoholism, assault, and harassment, a tribunal judge ruled that his deportation would cause ‘disproportionate’ harm to his nephew, thus violating his right to a family life under the European Convention on Human Rights (ECHR).
Makocki, who has spent years in and out of the criminal justice system, including a 10-month jail sentence in 2021, was ordered to be deported after he sought EU settlement in the UK.
Yet, Judge Nawraz Karbani found that deporting him would impact his nephew ‘disproportionately,’ as Makocki was seen as offering significant support to his family.
The case has sparked a backlash from the Home Office, which has appealed the ‘perverse’ decision, leading an upper tribunal judge, Matthew Hoffman, to overturn the ruling and order the case to be reconsidered.
Makocki, who moved to the UK in 2009, was convicted of nine offences, including assault, battery, and racial harassment.
He was also issued with a two-year domestic abuse restraining order preventing him from contacting his ex-partner. He claims to have since become sober and expressed remorse for his actions.
However, Judge Hoffman was unconvinced by Makocki’s claim of being a father figure, pointing out that there was no evidence he lived with his nephew or had a significant role in his life before his imprisonment.
Hoffman argued that the tribunal judge had failed to show how the nephew would suffer ‘severe or bleak’ consequences from Makocki’s removal, raising doubts about the merits of the original ruling.
Critics have seized on the case as another example of foreign criminals exploiting human rights laws to remain in the UK.
Chris Philp, shadow home secretary, slammed the ruling, saying it showed immigration judges were ‘out of control’ and stretched the interpretation of family life ‘to the extreme’.
He added: ‘Every day, the British public are being exposed to the risk of his mindless violence.’
The Home Office has vowed to continue its fight to deport foreign criminals, stating: ‘Foreign nationals who commit crime should be in no doubt that we will do everything to make sure they are not free on Britain’s streets, including removal from the UK at the earliest possible opportunity.’
This case is one of several highlighted in which criminals have avoided deportation by citing family connections or human rights claims.
A Home Office spokesman said: ‘Foreign nationals who commit crime should be in no doubt that we will do everything to make sure they are not free on Britain’s streets, including removal from the UK at the earliest possible opportunity.
‘We remain resolute in our commitment to ensuring there are no barriers to deport foreign criminals, as it is in the public interest for these people to be removed swiftly.’
The case will now be reconsidered in light of the Home Office’s appeal.