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Gang accused can appeal deportation

Moves by Home Secretary Theresa May to deport an alleged "high risk" member of a notorious street gang have been blocked by the Court of Appeal.

Metropolitan Police officers said they were satisfied that MW, who cannot be named for legal reasons, is "affiliated" to a gang in the Lewisham area of south east London that is known for serious disorder and with access to firearms and drugs.

However, three appeal judges have ruled there must be a rehearing in case as his removal infringes his right to respect for his private and family life under Article 8 of the European Convention on Human Rights.

Lord Justice Sullivan, sitting with Lord Justice Rix and Lord Justice Lewison, said it was currently unclear whether MW, who came to the UK with his asylum-seeking mother as a nine-year-old, had been involved in criminal activity serious enough to justify his removal back to the Democratic Republic of Congo.

They allowed an appeal by the 27-year-old talented boxer against a senior immigration judge's decision in April last year upholding the Home Secretary's deportation order.

Lord Justice Sullivan described how MW arrived in Britain in 1993 with his mother, who was granted indefinite leave to remain in the UK.

The then home secretary decided to deport him in July 2008 on the grounds that the move would be "conducive to the public good" because of the threat he posed to the public.

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