Student was deported as reprieve went unheeded
A student was deported to India despite a judge issuing an 11th-hour order that his removal should be postponed.
Ram Godhanya was flown out of the UK at the end of July, only to be allowed back to his home in Leicester a month later following further legal intervention.
He is currently fighting for the right to complete his studies here.
His supporters believe the decision to deport the 29-year-old was illegal because a judge had issued an emergency injunction which ordered his removal to be delayed pending a court hearing into his right to be in the UK.
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Mr Godhanya has been in the UK on a student visa since November 2009 and had been granted permission to remain here until 2014.
However, the Home Office revoked his right to stay when the college he had hoped to study at closed.
Being enrolled on a Home Office-approved course is a condition of an overseas student's right to remain in the country.
His lawyer said a misunderstanding arose when written requests to Mr Godhanya to clarify his intentions went unanswered because they were sent to his former address.
Because he did not tell officials he had been accepted on a course at another college – and had paid his tuition fees – he was declared to have illegally overstayed in the country.
The UK Border Agency detained him at his new home in Moira Street, Belgrave, Leicester, in July and told him he was to be deported.
While he was in custody at Heathrow Airport, his lawyers secured an emergency court injunction which ordered that his removal be postponed pending a further court hearing.
However, despite the court order, he was put on a flight to India.
Following further legal representations, the UK Border Agency arranged for him to fly back to the UK last week.
His immigration status is expected to be settled at a hearing in the High Court in Birmingham in the next few weeks.
Mr Godhanya, who comes from Chandravda village in the state of Gujarat, has been studying English and hopes to study accountancy in Leicester.
He said: "I was very scared when I was taken from my home. I am glad to be back in Leicester and I just want to be able to go to college."
City councillor Mian Mayat, who supported Mr Godhanya, said: "There was a court order which meant he should not have been deported but for some reason it was utterly ignored.
"It was a very distressing experience for him and it does raise questions about the way the UK Border Agency has handled this case."
Mr Godhanya's lawyer, Sanjeev Sharma, said: "It was either miscommunication or the Border Agency officials ignored the order.
"The injunction was granted by an out-of-hours duty judge. Everything happened at the last minute."
A spokesman for the UK Border Agency said: "This case is subject to legal proceedings, so it would be inappropriate for us to comment."