An Indian woman who was convicted in a bogus marriage scam and was deported from Britain has been allowed to return after the Court of Appeal ruled that preventing her from travelling to the UK was in breach of her right to family life.
The 46-year-old mother, who cannot be named for legal reasons, is said to have first entered the UK in 2002 on a fake passport and later became involved in a bogus marriage scam.
She was then reportedly granted leave to remain in the UK after entering into a bogus marriage herself.
She was arrested and charged in 2003 before fleeing to India. In 2005 a court found her guilty in absentia only for her to return to the UK the same year on another fake passport.
A year later she entered into a legitimate marriage and gave birth to a son in 2007. In 2008 she was given indefinite leave to remain in the UK but was soon found out by authorities and she was given a 12-month jail term after being convicted on deception charges.
In 2009 she was deported while her British husband stayed behind with the couple’s son.
In 2014, she won an appeal at an immigration tribunal which ruled that the separation between mother and son was unlawful. The Home Office subsequently appealed that decision but the appeal was on Friday dismissed by the Court of Appeal.
Lord Justice Underhill said Home Secretary Theresa May’s fears that the decision would open the floodgates to similar appeals were unfounded and that each case would be determined “on its own facts”.
The judges also announced a decision to allow her re-entry into Britain this week.