A BOLIVIAN man who owes money to a drugs gang back home was allowed to stay in the UK. Deputy Upper Tribunal Judge Jessica Smeaton, above, ruled he can remain for his own protection, despite no evidence he would actually be at risk. Documents show that the anonymous man overstayed his visa in 2018.
![[Portrait of Judge Jessica Smeaton.]](https://www.thesun.co.uk/wp-content/uploads/2025/02/judge-jessica-smeaton-3rd-degree-973557100.jpg?strip=all&w=960)
He later failed an application for asylum. The Home Office said the persecution fears did not meet Refugee Convention criteria. But he successfully appealed to a tribunal — which was upheld by the Upper Tribunal on January 8. Ms Smeaton ruled he has a right to a family life, a right to life, and right to be protected from torture under the European Court of Human Rights.
Shadow Home Secretary Chris Philp said: “This is a ludicrous decision. “Fundamental changes to human rights laws and the ECHR are needed. “Foreign criminals and illegal immigrants should be removed — it’s that simple.”. It comes a week after news of the highly controversial decision to let a family from Gaza stay in Britain, with the ECHR also being cited.
