A convicted Albanian criminal has been allowed to remain in Britain after a tribunal ruled that deporting him would be “unduly harsh” on his British son – because the 11-year-old refuses to eat foreign chicken nuggets. Klevis Disha, 39, entered the UK illegally in 2001 as a teenager claiming to be an unaccompanied minor from the former Yugoslavia. His asylum claim was refused but he was later granted indefinite leave to remain.

In 2017 he was jailed for two years after being caught with £250,000 in cash proven to be the proceeds of crime. Deportation proceedings followed and a removal decision was issued in August 2023. Disha appealed on human rights grounds, arguing that removal would breach Article 8 of the European Convention on Human Rights because of the impact on his youngest son, referred to only as C in court papers.

The boy, a British citizen born and raised in the UK, has complex behavioural issues, emotional dysregulation, sensory sensitivities and a limited diet, reported the Mail. He is awaiting assessment for possible autism and is on the special educational needs register.

In evidence before the First-tier Tribunal (Immigration and Asylum Chamber), an occupational therapy report highlighted the child’s struggles with certain food textures.

Judge Veloso noted: “C will not eat the type of chicken nuggets available abroad.” It formed part of a wider finding that C’s first language is English and he does not speak or understand Albanian. He has only limited familiarity with Albania from brief annual visits to grandparents.

In evidence before the First-tier Tribunal (Immigration and Asylum Chamber), an occupational therapy report highlighted the child’s struggles with certain food textures. The tribunal noted: “C will not eat the type of chicken nuggets available abroad.” It formed part of a wider finding that C’s first language is English and he does not speak or understand Albanian. He has only limited familiarity with Albania from brief annual visits to grandparents.

In a judgment dated March 17, 2026, Judge Veloso allowed the appeal under Exception 2 of section 117C of the Nationality, Immigration and Asylum Act 2002. The judge found that forcing C either to move to Albania or to remain in Britain without his father would cause “severe and traumatic loss”. Both scenarios were deemed “unduly harsh”.

The ruling cited C’s reliance on structured UK support, the “delicate ongoing process” of his progress at school, and the risk that relocation would undo years of intervention. It dismissed Home Office arguments that the child could adapt, noting limited services for neurodiverse children in Albania and societal stigma.

Disha’s partner, the mother of the two children, would stay in the UK. The tribunal concluded that the best interests of the child required the family unit to remain intact.

Shadow Home Secretary Chris Philp said: “Bogus asylum seekers are exploiting human rights laws and weak judges.”

The case has reignited debate over the application of Article 8 in deportation cases involving foreign nationals with UK-born children. Disha, who met his partner in 2006 and has lived in Britain for more than two decades, will now be permitted to stay despite his criminal record and original illegal entry.