A PEOPLE smuggler who trafficked nine adults and two children has lost his legal battle against deportation to Belgium after arguing it would be too disruptive for his children.
Miklovan Bazegurore’s lawyers claimed that being extradited to serve a five-year sentence would breach his right to family life under Article 8 of the European Convention on Human Rights. They argued his 10-year-old daughter, who has special educational needs, would suffer if he was jailed in a different country.
But the Court of Appeal ruled his offences as part of an “international smuggling ring” were so serious that extradition outweighed the impact on his family.
The Kosovan national was locked up in 2018 after pleading guilty at Aylesbury Crown Court to conspiracy to facilitate illegal immigration. He was sentenced to six years‘ imprisonment for his role in the smuggling operation.
Bazegurore had links to a lorry that was caught by the National Crime Agency in Milton Keynes in 2016 with nine Albanian adults and two children hidden next to a concrete mixer inside. The operation was part of wider surveillance by the NCA, which had been monitoring the smuggling ring for several months.
Court documents reveal he was described as one of the “organisers” of the smuggling plot alongside Fation Shuti. The Court of Appeal noted in its judgment that he was involved in “two quite separate offences” – one in the UK and another in Belgium.
In Belgium, he was convicted in his absence and sentenced to five years’ imprisonment for separate people smuggling offences. The Belgian authorities issued a European Arrest Warrant for his extradition.
Since his conditional release from UK prison in March 2023, Bazegurore has been fighting extradition. He remained in custody until June 2023 whilst the Belgian proceedings continued, effectively serving approximately nine months of the Belgian sentence.
His lawyer Amanda Bostock argued that extraditing him would “be extremely disruptive for the children”, according to The Times. She claimed the Court should consider early release provisions in Belgium which could reduce his remaining sentence to just 11 months.
District Judge Leong had originally ordered his extradition in June 2023. Permission to appeal was granted by Mr Justice Lane in June 2024 on Article 8 grounds relating to family life.
The appeal court heard that Bazegurore has a wife, Sherife Rexha, and children in the UK. His lawyers submitted witness statements from both Bazegurore and his wife as fresh evidence.
However, the Court of Appeal rejected these arguments. In the judgment, the court stated: “The difficulty with this submission is that the harsher regime which the appellant had to undergo by reason of the existence of the extradition proceedings… is entirely his fault, by reason of his international course of offending.”
The court emphasised that Bazegurore was “properly sentenced both in the UK and in Belgium for two quite separate offences.” It noted that whilst he was subject to category C prison conditions and a curfew, this was beneficial as it meant “he could be at home with his family whilst awaiting extradition rather than being held in custody.
Bazegurore is expected to be deported to Belgium in the next few weeks to serve the remainder of his sentence.
The case comes as immigration controls face scrutiny after a Palestinian grandmother won permission to enter Britain for medical treatment despite Home Office warnings it could lead to a “proliferation” of similar applications.
The 67-year-old woman, who suffers from spinal stenosis, successfully argued at an immigration tribunal last month that she had a right to family life with her 50-year-old daughter living in Britain under the European Convention on Human Rights.
Upper Tribunal Judge Rebecca Owens allowed her appeal for a visitor visa, ruling: “We find that the refusal of entry clearance amounts to an interference with this family life because the sponsor is physically unable to visit her mother in Gaza.
The woman lives in war-torn Gaza City and was deemed vulnerable by the tribunal as she suffers from PTSD and depression. She is financially supported by her daughter, a UK-based charity worker.
The treatment is expected to cost about £20,000 at a private hospital in Windsor, Berkshire. The tribunal heard she would return to Gaza after treatment is completed.
But in court documents seen by The Sun on Sunday, the Home Office warned: “The Secretary of State is concerned about the potential proliferation of applications for entry clearance from individuals from Gaza and other conflict zones.
The government argued that granting such applications could “undermine” immigration controls, though the judge found the woman’s application was genuine and “not made to circumvent immigration control.
The contrasting cases highlight ongoing debates about human rights claims in immigration proceedings, with critics arguing the system can be exploited whilst supporters maintain it provides essential protections for vulnerable individuals.
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