Pictured: Home Secretary Yvette Cooper] Hearing the appeal, Judge David Chaim Brannan ruled that deportation would be “unduly harsh” and accepted McLeod “genuinely wants to avoid reoffending (except for cannabis use) so he can care for his children”.
Home Secretary Yvette Cooper appealed the judgment in August last year, arguing there was not enough evidence to show Disha’s deportation would be “unduly harsh” on his son.
The Home Office challenged the decision in the upper tribunal of the Immigration and Asylum Chamber, with a different judge, Karim-ullah Akbar Khan, finding there had been a “material error of law” applied - with the case set to be reheard this year.
He appealed the decision on the grounds that it would breach his rights to a family life under Article 8 of the European Convention on Human Rights (ECHR) as he had three young children in the UK with his wife.
Shawn Rickford McLeod, 40, came to Britain in 2000 and was issued with a deportation order after being jailed for three years and four months for three counts of supplying class A drugs.
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