A Pakistani national convicted of drug dealing in the United Kingdom (UK) has avoided deportation after an immigration tribunal ruled that his removal would harm his mental health and disrupt his treatment, noting that he had once been a “star pupil” at school.
The immigration tribunal decided that Muhammad Izhan, who received a 30-month prison sentence for participating in a “sophisticated” class A and B drug operation could stay in the UK.
Judges accepted claims that returning him to Pakistan would “have a negative impact on his mental health” and increase his chances of turning to drugs.
According to the court, Izhan became involved in the drug network due to his “inability to properly regulate his ADHD”.
He also faced peer pressure that contributed to his offending.
Upper Tribunal Judge Luke Bulpitt dismissed the Home Office’s attempt to deport him, noting various mental health diagnoses and the fact that he had been a “star pupil” throughout his schooling.
The tribunal heard that Izhan arrived in the UK in 2010 at the age of seven, joining his father in East Anglia with his mother and brothers, but his father’s extended family stayed in Pakistan.
He is now 22 and pleaded guilty to participating in a drug-dealing scheme between 2022 and 2023. His record also contained previous warnings for theft and bringing a bladed weapon to school, which resulted in his suspension in 2015.
Despite the disciplinary issues, First-Tier Tribunal Judge Samina Iqbal previously concluded that Izhan had been “fully immersed in his school life”, noting that he attended both primary and secondary school in the same city, played rugby for the school team and was considered a “star pupil”.
After his suspension, he was referred to a general practitioner for ADHD support.
Consultant psychiatrist Dr Arvin Gupta testified that while Izhan likely had ADHD, he also suffered from a “mental and behavioral disorder due to the use of cannabis”.
Judge Bulpitt also stated that Izhan would struggle to reintegrate with relatives in Pakistan who were unaware of his “ADHD or criminality”.
The Home Office issued a deportation order after his conviction in March 2024, but Judge Iqbal upheld her appeal. The Home Office then sought to overturn her decision, however, Judge Bulpitt supported it, stating that deportation would “have a negative impact on his mental health”.
“There is a high likelihood of significant deterioration in his mental health and engagement in drug-related behaviour that will further have a negative impact on his mental health,” he said.
The tribunal noted that Izhan had represented his school in rugby, received sporting prizes and had been recommended for recognition by his form tutor.
Despite being disruptive, punished and eventually expelled, the judge determined that his ADHD, PTSD, and vulnerability meant he would face “very significant obstacles to integration” if deported to Pakistan.