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| Version 2 | Version 3 |
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| Judge overturns decision to deport transplant patient | Judge overturns decision to deport transplant patient |
| (7 days later) | |
| A Home Office decision to deport a Nigerian kidney transplant patient who claimed she would die within four weeks if she was sent back home has been overturned by a judge. | A Home Office decision to deport a Nigerian kidney transplant patient who claimed she would die within four weeks if she was sent back home has been overturned by a judge. |
| Roseline Akhalu, a 49-year-old community volunteer, was diagnosed with kidney failure shortly after she arrived to take a masters degree at Leeds University in 2004. In 2009, she had a successful transplant, but requires regular hospital checks and will have to take immunosuppressant drugs for the rest of her life. | Roseline Akhalu, a 49-year-old community volunteer, was diagnosed with kidney failure shortly after she arrived to take a masters degree at Leeds University in 2004. In 2009, she had a successful transplant, but requires regular hospital checks and will have to take immunosuppressant drugs for the rest of her life. |
| Her legal team had argued she would die within weeks of returning to Nigeria as she would never be able to afford the drugs necessary to keep her alive. | Her legal team had argued she would die within weeks of returning to Nigeria as she would never be able to afford the drugs necessary to keep her alive. |
| She won an appeal against deportation after the judge found hers was an unusual case where her removal would breach her right to a private and family life protected by article 8 of the European convention on human rights. | She won an appeal against deportation after the judge found hers was an unusual case where her removal would breach her right to a private and family life protected by article 8 of the European convention on human rights. |
| A UK Border Agency spokesperson said: "We are extremely disappointed with the court's decision. We are reviewing the case in light of the decision." | A UK Border Agency spokesperson said: "We are extremely disappointed with the court's decision. We are reviewing the case in light of the decision." |
| Akhalu, who came to Britain on a scholarship to take a masters in development and gender studies, said: "I am very pleased and relieved by the judgment. | Akhalu, who came to Britain on a scholarship to take a masters in development and gender studies, said: "I am very pleased and relieved by the judgment. |
| "I would like to say I am immensely grateful to all who have helped me in this struggle to get leave to remain." | "I would like to say I am immensely grateful to all who have helped me in this struggle to get leave to remain." |
| The campaign for her to remain, based in north Leeds where she lives, was backed by local politicians, church leaders and the actor Colin Firth. | The campaign for her to remain, based in north Leeds where she lives, was backed by local politicians, church leaders and the actor Colin Firth. |
| Akhalu's solicitor, Tessa Gregory, said: "We are delighted by this ruling. Roseline is a respected and very popular member of her community and is an asset to this country. The home secretary's decision that Roseline should be deported to Nigeria where she would die within four weeks was unlawful and inhumane and has rightly been overturned." | Akhalu's solicitor, Tessa Gregory, said: "We are delighted by this ruling. Roseline is a respected and very popular member of her community and is an asset to this country. The home secretary's decision that Roseline should be deported to Nigeria where she would die within four weeks was unlawful and inhumane and has rightly been overturned." |
| Greg Mulholland, Liberal Democrat MP for Leeds North West, said: "It is fantastic news that a judge has today upheld Roseline's appeal. It has been a long drawn out campaign and a deeply distressing time for Roseline and those close to her." | Greg Mulholland, Liberal Democrat MP for Leeds North West, said: "It is fantastic news that a judge has today upheld Roseline's appeal. It has been a long drawn out campaign and a deeply distressing time for Roseline and those close to her." |
| Akhalu's campaigners said that at the 21 November hearing, the Home Office accepted she would not be able to afford the immunosuppressant drugs in Nigeria, but continued to maintain her removal was proportionate and not in breach of her human rights. | Akhalu's campaigners said that at the 21 November hearing, the Home Office accepted she would not be able to afford the immunosuppressant drugs in Nigeria, but continued to maintain her removal was proportionate and not in breach of her human rights. |
| Public Interest Lawyers, who fought Akhalu's case, said the judge took note of the fact that she had come to the UK legally, was diagnosed while here legally, that the cost of her ongoing treatment was not excessive, and that she would die quickly in distressing circumstances if returned. | Public Interest Lawyers, who fought Akhalu's case, said the judge took note of the fact that she had come to the UK legally, was diagnosed while here legally, that the cost of her ongoing treatment was not excessive, and that she would die quickly in distressing circumstances if returned. |
| Mulholland said it was hoped the Home Office would "see sense and not appeal" against the ruling. "It would be a serious misuse of the public purse to appeal this decision given the evidence that has been presented." | Mulholland said it was hoped the Home Office would "see sense and not appeal" against the ruling. "It would be a serious misuse of the public purse to appeal this decision given the evidence that has been presented." |
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