Keir Starmer backs deportation of Albanian migrant allowed to stay in Britain because his son ‘doesn’t like foreign chicken nuggets’_Nhy
Sir Keir Starmer has thrown his weight behind the deportation of an Albanian migrant who tried to stay in the UK due to his son not liking foreign chicken nuggets.
The Prime Minister responded to a backlash after it emerged an Albanian criminal is allowed to remain in Britain in part because his son has ‘distaste’ for the food.
The ruling from an immigration tribunal stated that it would be ‘unduly harsh’ for the 10-year-old boy to be forced to move back with his father due to his sensory issues with different types of food.
The judge allowed the father’s appeal against deportation as a breach of his right to a family life as a result.
But now the PM has spoken out against the decision and supported an appeal against the move that has been launched by his Labour government’s Home Secretary Yvette Cooper.
Sir Keir’s official spokesman said he ‘absolutely supports’ Ms Cooper’s intervention against the suggestion it would be ‘unduly harsh’ for the youngster to go to Albania with his father due to his sensitivity about food.
The tribunal heard how the boy had a distaste for ‘the type of chicken nuggets that are available abroad’.
Now an upper tribunal has suggested the case be reconsidered – with the backing of both Ms Cooper and Sir Keir.
![Sir Keir Starmer, pictured in Newquay on February 10, has backed the deportation of an Albanian migrant who tried to stay in the UK due to his son not liking foreign chicken nuggets](https://i.dailymail.co.uk/1s/2025/02/11/09/95083897-14383811-image-m-2_1739265864850.jpg)
Sir Keir Starmer, pictured in Newquay on February 10, has backed the deportation of an Albanian migrant who tried to stay in the UK due to his son not liking foreign chicken nuggets
![The Home Office this week released rarely seen images of migrants being deported to their home countries as it sought to project a tough stance on defending Britain's borders](https://i.dailymail.co.uk/1s/2025/02/11/09/95084113-14383811-image-a-9_1739266792780.jpg)
The Home Office this week released rarely seen images of migrants being deported to their home countries as it sought to project a tough stance on defending Britain’s borders
![Home Secretary Yvette Cooper (pictured on December 20 2024 during a visit to West Yorkshire Police's Halifax police station) has launched an appeal against the tribunal ruling](https://i.dailymail.co.uk/1s/2025/02/11/09/95083895-14383811-image-a-4_1739265963052.jpg)
Home Secretary Yvette Cooper (pictured on December 20 2024 during a visit to West Yorkshire Police’s Halifax police station) has launched an appeal against the tribunal ruling
A spokesman for the Prime Minister said: ‘I think the upper tier tribunal has already sent this case back to be considered again. It’s hard to comment on specific cases beyond that.
‘But the Home Secretary rightly appealed this case through the courts, and the PM absolutely supports that process.’
Some 34,169 asylum cases are said to be outstanding at the moment – a five-fold rise over the past two years, compared to 6,386 appeals still to be heard in 2022.
Albanian Klevis Disha, 39, came to the UK illegally in February 2001 when he was a 15-year-old unaccompanied child.
He entered under a false name and falsely claimed to have been born in the former Yugoslavia.
His asylum claim was rejected, but he secured UK citizenship in 2007 after being granted exceptional leave to remain, and then indefinite leave.
In 2017, he was jailed for two years after being caught with £250,000 in cash, known to be proceeds of crime.
Then-Home Secretary Priti Patel ordered he should be deported to Albania and stripped of his UK citizenship, but Disha appealed and was backed by a judge at an immigration tribunal.
![Then-Home Secretary Priti Patel ordered he should be deported to Albania and stripped of his UK citizenship, but Disha appealed and was backed by a judge at an immigration tribunal](https://i.dailymail.co.uk/1s/2025/02/11/09/95083985-14383811-image-m-8_1739266199237.jpg)
Then-Home Secretary Priti Patel ordered he should be deported to Albania and stripped of his UK citizenship, but Disha appealed and was backed by a judge at an immigration tribunal
The judge ruled that deportation would be unfair to his son – known only as C – for him to remain in the UK and be separated from his father, or to be forced to go with him to Albania.
C was said to have ‘sensory difficulties’ with some clothing, such as socks, and certain types of food which meant he would ‘refuse to do anything’.
The child’s ‘additional’ needs were supported only by evidence from a trainee educational psychologist, a neighbour and a family friend.
There was no formal diagnosis of special educational needs, the Telegraph reported.
But he did have an educational plan to deal with his ’emotional regulation, independence; reading and writing.’
Another judge in the upper tribunal disagreed with the assessment that the child’s needs could not be met if he was returned to Albania.
Ms Cooper appealed the judgment in August last year, arguing there was not enough evidence to show Disha’s deportation would be ‘unduly harsh’ on his son.
Upper tribunal judge David Merrigan, who delivered the latest ruling on the case, agreed – referring the appeal back to a new judge for further review.
![An Albanian criminal has been permitted to stay in the UK in part because his son has 'distaste' for chicken nuggets from overseas (stock image)](https://i.dailymail.co.uk/1s/2025/02/11/09/95083891-14383811-image-a-3_1739265911715.jpg)
An Albanian criminal has been permitted to stay in the UK in part because his son has ‘distaste’ for chicken nuggets from overseas (stock image)
‘We can only see in the decision a single example of why C could not go to Albania,’ Judge Merrigan ruled, saying: ‘We are not persuaded that the addition of this sole example approaches anywhere near the level of harshness for a reasonable judge to find it to be “unduly” so.’
The judge said the only example of why the boy could not go was that he ‘will not eat the type of chicken nuggets that are available abroad’.
‘We are not persuaded that the addition of this sole example approaches anywhere near the level of harshness for a reasonable judge to find it to be ‘unduly’ so,’ he added.
Shadow home secretary Chris Philp told the Telegraph: ‘This case shows how bogus asylum seekers and foreign criminals are ruthlessly exploiting human rights laws and weak judges to stay in the UK.’
The case will be reheard by a different judge to decide whether the consequences of deportation would be unduly harsh on the 10-year-old boy. The case is ongoing.
A Home Office spokesman said: ‘Foreign nationals who commit heinous crimes should be in no doubt that we will do everything to make sure they are not free on Britain’s streets, including removal from the UK at the earliest possible opportunity.
‘Since the election, we’ve removed 2,580 foreign criminals, a 23 per cent increase on the same period 12 months prior.’
The Home Office this week released rarely seen images of migrants being deported to their home countries as it sought to project a tough stance on defending Britain’s borders.
Officials said they had carried out 5,074 enforced returns between July 5, 2024 and January 31, 2025 – an increase of nearly a quarter on the previous year. They said a total of 2,925 foreign national offenders have been removed.
Most returns are voluntary, with people who do not have permission to stay in Britain able to receive payments of up to £3,000 to help resettle abroad.