Emily Carver left raging after as fraudster stays in UK because his children 'don't speak Czech'

The Home Office argued that Jan Balog's children would be able to learn the language, but an immigration tribunal judge ruled that his deportation would "breach his rights to a family life" and be "unduly harsh on his children".

They argued that the children would also be deprived of the care their grandparents, and lose access to education and health care in the UK.

Balog came to the UK aged 10, before being granted indefinite leave to remain under an EU settlement scheme. Between 2010 and 2013, he was convicted of three offences for fraud and false representation, leading to a three-and-a-half-year jail sentence.

Discussing the ruling on GB News, Emily fumed: "My first thought is always... well then don't do the crime then, if you care so much about your children's future."

Asking for the verdict of immigration lawyer Paul Turner, Emily questioned why such a decision was made, and if such cases under the influence of the ECHR are becoming more common.

Turner explained: "It's not really easy to use the ECHR to stop a deportation, but it might seem like that. And reading the decision, if one focuses on what he did and his want and disregard for the UK law, it might seem that he's got away with something, and in fact he has.

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"But the courts look at the children, and the children take primary consideration. The children in this case who don't speak Czech, the first court found that it would be unduly harsh for them to be without their parent."

Offering a defence for the ruling, Turner claimed that the judges would have used a "strict" system to decide not to deport Balog.

He told GB News: "It might seem as if it's a pushover or it's an easy touch for somebody like him to win, but the court have taken a quite a strict stance in this regard.

"So it's not really harsh for them to be expected to go or not to lose their parent, it has to be unduly harsh. Which might sound like legal nonsense, but it means that it's going to be worse than it would just a mere disagreement."

However, Turner admitted: "But I can understand that some people might argue that this is yet another example of the ECHR allowing foreign criminals to stay in the United Kingdom."

Hitting out at Britain's deportation system, Emily stated: "You're incentivising people who are wanting to commit crimes in this country to have a kid or two, and then there's absolutely no chance that they're ever going to be deported.

"So essentially, as long as you have children in this country, you'll never be deported, because you will always have that right to a family life enshrined in the ECHR."

Turner responded: "Yes, it does seem that people having children is a get out of jail free card, or at least get away from jail card."

The Home Office appealed against the decision, arguing that the judge "failed to explain how the children would be detrimentally impacted by his absence". It said that the children are "young and could adapt to change".