Britain's deportation system is 'incentivising criminals to have children', Emily Carver fumes

And a convicted fraudster from the Czech Republic has avoided deportation from the United Kingdom

He claimed his children don't speak Czech. Yeah, this is a real story

The Home Office has argued that Jan Balog, or perhaps Jan Balog's children

would be able to learn the language. But an immigration tribunal judge ruled that his deportation would breach his rights to a family life

wherever you heard that one before, under the ECHR, and be unduly harsh on his children

given that they would also be deprived of the care from his grandparents. Their grandparents lose access to education and health care in the UK too

I mean, my first thought is always, well, then don't do the crime then if you care so much about your children's future

Anyway, let's speak to immigration lawyer Paul Turner. Paul, it's quite easy, isn't it, to use the ECHR

to stop a deportation these days? Well, not really. It might seem that and reading the decision if one focuses on what he did and his want and disregard for the UK law it might seem that he got away with something And in fact he has But the courts look at the children and the children take um they the what called the primary consideration and the children in this case who don speak

czech or that's the finding that they don't speak czech the first court found that it would be

unduly harsh for them to uh be without their parent um and obviously they don't speak the

language. Now, that might seem as if it's a pushover or it's an easy touch for somebody like

him to win. But the court have taken a quite a strict stance in this regard. So it's not merely

harsh for them to be expected to go or not to lose their parent. It has to be unduly harsh

which might sound like legal nonsense, but it means that it's going to be worse than it would

just a mere disagreement. But I can understand that some people might argue that this is yet

another example of the ETHR allowing foreign criminals to stay in the United Kingdom

And of course, ordinarily, a foreign criminal should be deported. Is it wrong to draw a

comparison to someone a British man who does a heinous crime and is put away in prison for a decade or two I mean he wouldn be with his children then because he be in prison

Why is it so different for this Czech man who gets to be with his children

when, obviously, if someone were to be sent to prison, they would be separated from their children

I mean, the court has already heard that these children have grandparents in this country. They could raise them, or the children, if they wanted to learn Czech

And I think in the Czech Republic, they do speak a lot of English a lot of the time because lots of stag dudes go there

But, I mean, you can see the point without getting facetious. There are so many different things that could have taken place here

that would have allowed for the deportation of this criminal. Well, I think he was probably separated from his children

when he was in prison, were the children to be around at the time

So it's not perhaps a strict ogy there to an English person

that was also put in prison. But yes, it does seem that people having children is a get out of jail free card or at least get away from

This is the thing You incentivising people to commit crimes who are wanting to commit crimes in this country to have a kid or two And then there absolutely no chance that they ever going to be deported So essentially as long as you have children in this country you never be deported really because you always have that right to a family life

enshrined in the ECHR. I mean, can you think of any cases of anyone

who has been deported who had young children in this country? Yes, I can think of a few from my personal experience

where individuals have committed an offence which is so heinous, where they've been to prison

for say four or five years. And there's a test really, which is under 12 months

they're probably going to stay if they've got children. 12 months to four years, they may stay

But above four years, there's not much chance of them staying. So I've had clients or I've known

of clients where they've committed an offence and been sentenced to six or seven years in prison

and they have a whole host of children. But the court takes the view that the offence is so serious

that the best interests of the children are outweighed by the need for the state to deport

So they no longer have their right to a family life. But it's all about the severity of the sentence

OK, Paul, we'll have to leave it there. We'll speak again, I'm sure