An illegal migrant has won a human rights case to remain in the UK despite being subject to a deportation order for nearly two decades following a fraud conviction.
Joyce Baidoo, 57, originally from Ghana, has been living in Britain without permission since 2000.
The Home Office issued a deportation order in 2007 after she was convicted of fraud for using false identity documents and imprisoned for 10 months.
However, 25 years after her arrival, Baidoo has successfully argued that she cannot be deported because she has remained in the country for too long.
An illegal migrant has won a human rights case to remain in the UK despite being subject to a deportation order for nearly two decades following a fraud conviction
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She won her case at the first-tier tribunal of the Immigration and Asylum Chamber, then prevailed again when the upper tribunal dismissed the Home Office's appeal against the decision.
Baidoo argued she had been in the UK for so long she would not be able to "reintegrate" into Ghanaian culture.
The judge found she put forward a "very compelling" argument when she said her "long absence" would lead to "significant obstacles" in her home country.
Baidoo had sought leave to remain in the UK in September 2021 on the basis of her private life.
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The Home Office issued a deportation order in 2007 after she was convicted of fraud for using false identity documents and imprisoned for 10 months
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The tribunal heard: "She pleaded continuous long residence and claimed that her departure would have a detrimental effect on her mental health.
"She also said that there would be significant obstacles to her reintegration into Ghanaian culture because of her long absence, the lack of family support and the lack of employment opportunities she would have there.
"She claimed that she would be left destitute, resulting in unjustifiably harsh consequences for her."
Judge Jeffrey Cameron of the first-tier tribunal ruled earlier this year that Baidoo would not have any family support on return to Ghana given that her husband has died and she has no contact with her children.
Baidoo argued she had been in the UK for so long she would not be able to 'reintegrate' into Ghanaian culture
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He said: "Given her age and [that she has] mental health problems it is unlikely that she would be able to within a reasonable period of time obtain employment."
The Home Office argued in its appeal that the tribunal "failed to provide adequate reasons".
However, Judge Richard Manuell at the upper tribunal concluded: "It was not 'speculative' of the judge to conclude that Baidoo would be destitute.
"The judge gave cogent reasons for reaching his conclusions. Proportionality and reasonableness had been fully covered. The onwards appeal should be dismissed. There was no material error of law."
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