Romanian murderer could be awarded damages of £500k after court ruled he was illegally detained during attempts to deport him
Convicted killer in line for bumper payout from taxpayers' money - and he can stay in the UK
A ROMANIAN murderer could be paid £500,000 of taxpayers' money after a court ruled he was detained unlawfully at an immigration centre while fighting efforts to deport him.
The man, identified only as claimant X, arrived in the UK in 2009 when the Home Office granted him residence as a student.
But in November 2014 officials began deportation proceedings after learning about his murder conviction in his homeland.
The man was later detained at Dover Immigration Removal Centre between March and July 2015, which has now been deemed unlawful by a High Court judge.
The ruling means the convicted murderer could claim a maximum of £500,000 compensation for his unlawful detention.
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The first letter to claimant X said he would be deported because of his criminal record and 12-year jail sentence in Romania.
It stated: "As a result of your criminality your deportation is considered to be justified on grounds of public policy and/or public security.
"This is because at Constanta High Court, Romania, you were convicted of murder for which you were sentenced to 12 years imprisonment.
"The offence you committed is considered to be particularly serious."
Governments have the right to deport EU citizens if they receive a criminal conviction resulting in a prison term of at least four years.
But the EU courts' rulings by a senior judge means that past criminal convictions are not on their own a valid reason to deport someone.
Instead the person's behaviour must be a "genuine, present and sufficiently serious threat affecting one of the fundamental interests of society".
Claimant X's lawyers launched a judicial review of both his detention and deportation order, and a UK tribunal overturned the deportation order in January this year.
Two subsequent appeals by the Home Office were refused, effectively handing claimant X the right to remain in the UK.
And the High Court has now ruled his detention for four months between March and July 2015 was unlawful.
The judge, Mr Justice Paul Walker, concluded the Home Office had failed to prove there was a real risk of re-offending or absconding.
His ruling could pave the way for a substantial damages claim. The court records note that claimant X "seeks among other things damages and aggravated damages".
The Home Office said: "Any foreign national offender who poses a threat to the UK should be in no doubt of our determination to deport them.
"Going forward, this latest judgement does not affect our ability to deport foreign national offenders who have a pending appeal."
It said 5,692 foreign nationals were removed from the UK in the year 2015 to 2016, the highest number since records began.
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