HHD Solicitors successfully defended a 37-year-old Polish national from deportation following his conviction of drugs offences.

Mr M had been living and working in Northern Ireland since 2005 as a qualified person under Regulation 6 of the 2006 Regulations.

He applied for and was granted a registration certificate in July 2007, and was therefore a permanent resident of the UK, having spent five consecutive years living in the UK from the date of issue.

He appeared in court and pleaded guilty to the cultivation of cannabis; possession of a class B drug with intent to supply; and dishonestly using, without due authority, a quantity of electricity.

Mr M received a sentence of 10 months’ custody followed by 10 months’ supervised license.

The Secretary of State was urged not to pursue deportation but grant limited leave to remain under the Immigration Act 2014.

As a result of the Home Office decision not to deport, Mr M is now eligible to apply for conditional early release under article 19 of the Criminal Justice (NI) Order 2018.

Solicitor Charlene Dempsey, who dealt with the case, said: “Regretfully we see many foreign nationals who have failed to take any action regarding deportation proceedings whilst in prison.

“Upon release they are deported to their country of origin and very often breach the deportation order by returning to the UK to be with family. This is a serious criminal offence and will usually result in a further custodial sentence.”