Albanian Fugitive Arrested in UK After 6-Year Evasion
An Albanian national, wanted in France for car theft, was apprehended in the UK after evading authorities for six years. His attempts to secure settled status and subsequent legal battles highlight post-Brexit immigration challenges.
Nando Ismalaj, a 42-year-old Albanian national, has been apprehended by the Metropolitan Police in the United Kingdom, ending a six-year period of undetected residence. Ismalaj, who entered the UK illegally in 2018, is now facing extradition to France on charges related to the theft of six vehicles.
The case of Ismalaj highlights the complexities of post-Brexit immigration policies and the challenges faced by law enforcement in tracking individuals without legal status. Since his arrival in the UK, Ismalaj made multiple attempts to secure settled status under the scheme designed for EU citizens following the UK's departure from the European Union on January 31, 2020.
Ismalaj's efforts to obtain legal residency included marrying a Romanian woman who had successfully claimed settled status. Romania, having joined the European Union in 2007, allowed its citizens to benefit from the UK's EU Settlement Scheme, launched in March 2019. However, Ismalaj's applications were rejected, leaving him at risk of deportation to Albania.
In response to the rejections, Ismalaj initiated a legal appeal based on Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for family and private life. The ECHR, signed in 1950, has been incorporated into UK law through the Human Rights Act 1998, allowing individuals to invoke these rights in domestic courts.
Ismalaj's appeal argued that deportation to Albania would cause undue hardship for him and his wife, who had never visited the country and did not speak the language. However, Hugo Benedict Norton-Taylor, a judge in the Upper Tribunal (Immigration and Asylum Chamber), dismissed these claims, stating that the difficulties faced by the couple in Albania would not constitute "very serious hardship."
Despite rejecting the hardship claims, the judge referred the case back to a lower tribunal due to procedural issues, citing the need for a more comprehensive fact-finding process. This decision underscores the intricate nature of immigration cases and the careful balance required between enforcing immigration laws and protecting human rights.
The legal proceedings were interrupted when the Metropolitan Police, founded in 1829 and known for its role in handling complex international cases, arrested Ismalaj. He was subsequently remanded in custody by Westminster Magistrates' Court, widely recognized as the UK's busiest magistrates' court, to await extradition proceedings to France.
This case draws attention to the ongoing challenges in international law enforcement cooperation. While Albania joined NATO in 2009 and applied for EU membership the same year, it remains outside the European Union. France, as part of the Schengen Area, maintains different border control agreements with the UK, which opted out of the Schengen Agreement.
The involvement of multiple jurisdictions – Albania, the UK, France, and potentially Romania – highlights the importance of organizations like Interpol, headquartered in Lyon, France, in facilitating cross-border police cooperation.
As the legal process unfolds, this case serves as a reminder of the complex interplay between national sovereignty, international agreements, and human rights in the post-Brexit era. It also underscores the ongoing challenges faced by immigration authorities in managing cases of individuals who have entered countries illegally while balancing legal obligations and humanitarian considerations.
