‘Right to a family life’ lets brothers who killed man in his own home stay in UK

By
James Slack

18:15 EST, 17 June 2012

|

01:47 EST, 18 June 2012


Home Secretary Theresa May has published new guidelines for judges which say foreign offenders should normally be kicked out regardless of their right to a family life

Home Secretary Theresa May has published new guidelines for judges which say foreign offenders should normally be kicked out regardless of their right to a family life

Two brothers who killed a man in his own home have been allowed to stay in Britain together because of their human right to a ‘family life’.

One of the reasons for granting the second brother permission to stay was so he could be near to his sibling – who had already successfully thwarted deportation himself.

In 2003 Nuno and Luis Ramos were part of a gang who raided a businessman’s house, tortured him and left him to die.

The judge who jailed them for the killing said they should be sent back to their homeland, Portugal, at the end of their sentences.

But after a five-year legal battle immigration judges have overturned the deportation orders.

In the case of Nuno, 26, the judge said the decision was based partly on his right to enjoy a family life in Britain with his girlfriend – whom he does not live with – their baby boy and Luis, 24, his killer brother.

It is the latest example of how article 8
of the Human Rights Act is helping to thwart the removal of even some
of the worst foreign criminals.

In the past year, 26 have been allowed to stay here because of their ‘right to family life’.

The Ramos brothers came to Britain from
Portugal in 1998, aged 12 and ten. In July 2003 they were in a gang of
eight youths, including three girls, who burst into the north-west
London home of Joao DaCosta Mitendele, 47, to rob him.

Mr Mitendele was clubbed with a baseball bat, stabbed in the legs, bound
by his hands and feet, and had a black cloth bag taped over his face.

The gang fled with cash, jewellery and a camcorder, leaving their victim
lying face down in his hallway. He died 45 minutes later.

At the trial, Nuno Ramos admitted manslaughter and conspiracy to rob,
while Luis denied both offences but was convicted by a jury.

Judge David Paget, QC, called the crime ‘wicked and callous’.

Nuno was jailed for nine years and Luis for seven, for manslaughter and conspiracy to rob.

The Home Office served orders to deport both men when their sentences finished.

Luis, the first to be freed, appealed against deportation and won.

Nuno then launched an appeal from prison in 2008. Despite the killing, and two drugs offences committed after his release, immigration judges ruled he does not represent a threat to the public. This, combined with his right to a ‘family life’, meant he could stay.

Last week, Home Secretary Theresa May published new guidelines for judges which say that foreign offenders should normally be kicked out – regardless of their claims about having a right to a family life.

Tory MPs fear the guidelines do not go far enough and that Mrs May will have to change the law if she wants judges to listen.

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have not been moderated.

May ! another in the long line of useless holders of the title “Home Secretary” Couldn’t run a bath.

Let him live with Theresa May .

Who paid for the FIVE years of legal wrangling before we capitulated and ridiculously let them stay!!

This is not acceptable. Why is part 2 of article 8 never referred to in these decisions?
Those who take away human rights should not be protected by them!

These judges are an absolute disgrace. Change the law so we get some common sense back into this country.

europeam law is higher than uk law thats why the judges rule this way until thats overcome its we know best by the old boys club the judges

dont blame the brothers, blame the legal establishment, that has allowed them to stay, may and clarke are a disgrace to the british people, these limp wristed judges should have been cleared out years ago

And what about the ‘Right to life’ of the victim ? When they have done their time kick em out !

We are the laughing stock of the whole world!!!!Can you imagine this happening in Australia,U.S.A. or even Portugal! The U.K. Justice system is a JOKE!!!!! The Judge who did this should be jailed for five years for sheer irresponsible behaviour! When? when is this country going to wake up and say ENOUGH!!! NO MORE OF THIS MADNESS???

As we all said when she announced the guidelines to judges – she will not deliver. We didn’t believe her then. We don’t believe her now.

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