Sham marriage fixer wins right to appeal against deportation

Mr Justice Weatherup ordered the setting aside of a current certificate for the removal of Alexander Success due to a misunderstanding about the ongoing relationship with his partner.

Lawyers for the 32-year-old based their attempt to have the order revoked on family unit he has formed with this woman and their son in Londonderry.

Success served a four-year prison sentence for a series of illegal immigration charges linked to bogus marriages in the north west.

The suspect weddings involved Nigerians and Chinese to local people so the immigrants could then use the certificates to apply to stay in Northern Ireland.

Success admitted assisting entry to an EU state, with his lawyer claiming at trial that he got involved to pay his university fees.

Blank marriage papers and diary details of 4,000 earnings for organising weddings were said to have been found at his Waterfoot Park home in Londonderry.

Following his release in 2008 he failed in appeals against a deportation order served on him.

But a last-ditch legal bid to overturn the notice focused on his right to family life.

The High Court was told Success came to the UK in 1999 and received residency status after marrying an Irish woman three years later.

Following their break-up he then formed a relationship with his current partner.

Success now has three children - two at locations in Northern Ireland and another now in England, the court heard.

It was contended that his family ties were "clear extenuating circumstances and compelling reasons" for his non-removal.

His barrister also claimed an immigration judge who ruled on an earlier appeal mistook references to his partner - who Success got back together with after a period apart - to mean his ex-wife.

Delivering judgment in the judicial review application, Mr Justice Weatherup said there appeared to be a misunderstanding about this current relationship.

The judge held there had been a flaw in the proceedure because the first decision was not based on the couple having got back together.

He said: "I propose to set aside the certificate. The consequence of that will be he (Success) will be allowed to take this case to appeal.

"Hopefully all the grounds relied upon will be before the decision maker, probably for the first time, and we will get a decision."

Mr Justice Weatherup added: "I'm conscious the matter was reconsidered by the immigration officer in December 2009, but I think the appropriate step to be taken here is that this be done through the proper procedure by way of an appeal which considers all these points and, in particular, includes consideration of an ongoing relationship."