A Caribbean woman facing being deported argued her home country is too hot for her Latvian husband (Image: GETTY )
A Caribbean tried to fight her deportation by claiming her home country is too hot for her European husband to cope, it has been revealed.
Lynthia Calliste, 35, flew to the UK on a six-month visa with her son back in March 2018. The Grenadian mother-of-one is still in the UK – depsite her visitor visa expiring.
During her stay, Ms Callistle married Latvian national Konstantins Vinakovs, who has a legal right to permanently stay in the the UK.
The Home Office launched an investigation into Ms Castille, attempting to deport her after she applied for a marital visa.
In an appeal, she argued that her deportation would breach the right to family life, as defined in Article 8 of the European Convention on Human Rights.
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Ms Castille has reportedly pushed back on the Home Office’s suggestion that her family could all go and live in her home nation of Grenada, arguing her husband “would be unable to tolerate the cuisine” in the island.
She also claimed her eastern European husband “worries about the heat”, according to .
The claim was rejected at the first-tier tribunal, but Ms Castille launched an appeal to the country’s highest immigration court.
A judge found “no evidence before me to show that the temperatures in Grenada would be particularly difficult for [him]”.
The judge added: “He stated that he would not like the heat but his evidence really went no further than that; there is certainly no suggestion that he would be unable to live and work in the temperatures which are enjoyed by those who holiday on the island. I do not consider this to be a point of any great significance.”
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While her case was dismissed in the November hearing, Ms Castille has remained in Britain. However, The Times reports that the Home Office is understood to be preparing for her deportation.
It is not uncommon for immigrants to refer to Article 8 of the ECHR when appealing against deportation.
Many such appeals are lodged on human rights grounds, glueing up government attempts to speed up the removal of migrants who have no legal right to remain in the UK.
In a separate appeal, a tribunal allowed an Albanian criminal to remain in Britain
The immigration judge concluded that it would be “unduly harsh” to send the 10-year-old boy back to Albania with his father, acknowledging his apparent sensitivity to certain foods. The only specific example provided in court was the child’s distaste for the “type of chicken nuggets that are available abroad.”
The judge upheld the father’s appeal against deportation under Article 8 of the ECHR on the basis his removal could have a negative impact on his son, according to The Telegraph.
Labour has been scrambling to tackle the perception that it is On Monday, the Home Office published revealing that some 19,000 immigrants had been deported from the UK since Labour took power.
It said it shared photos and videos of officers removing migrants for the first time to help people better understand the process.