A foreigner who was jailed for looting a shop during the London riots will be allowed to stay in the UK, after a judge ruled deporting him would breach his human rights.
Derrick Kinsasi's lawyers successfully argued that removing him from the country would breach his "right to family life", even though he is not married and has no children.
The 21-year-old, from the Democratic Republic of Congo (DRC), was convicted in October 2011 of burglary and theft after stealing electrical goods from a branch of Comet.
The Home Secretary decided that although he had some family ties in the UK, they did not constitute family life for the purposes of the Human Rights Act.
Kinsasi appealed to the lower immigration tribunal, which upheld Theresa May's decision to deport him. Judges said he was "minimising his abilities to speak Lingala", the language spoken in his home country.
He then launched another legal challenge in the upper immigration tribunal, telling the court: "I don't have anyone (in the DRC); there is no family to go back to. I have a good life here and it's a year until I go to university. I have my mum, three brothers and a little sister.
"Prison isn't the place for me ... I'm trying to keep my head down through education and get help to sort out my bad habit, so that when I get back out there, I know what to do to keep out of trouble."
Judge Nathan Goldstein overturned the previous ruling and allowed Kinsasi's appeal.
"I find that removing him to the DRC has echoes of exile rather than exclusion and it is unlikely to be proportionate," he said.
"The consequence of his removal to the DRC would amount to a splitting of the family unit."
Source: http://news.sky.com/story/1112033
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