A Zambian illegal immigrant who fiddled more than £30,000 in benefits cannot be kicked out of the United Kingdom — because of human rights laws.
And amazingly, a series of rulings means single mother Joy Chishimba can not only stay in her council flat in London’s fashionable Chelsea but continue claiming benefits.
An illegal immigrant who used a fake UK passport to claim more than £30,000 in benefits has been allowed to keep living in a Chelsea council flat because of human rights legislation.
Joy Chishimba, 26, entered Britain legally from Zambia on a student visa but when it was close to its expiration date she fell pregnant and bought the bogus passport so she could stay in the UK.
She then used the document to move into a council flat on the Sutton Estate near King’s Road and the Royal Brompton Hospital in 2009 and to claim benefits. When she was eventually rumbled she admitted fraudulently claiming £30,000 in housing benefit and £4,000 in income support.
She was given a suspended ten-month jail sentence.
But her lawyers claimed separating her from her UK-born daughter would breach article 8 of the Human Rights Act 1988 that guarantees the right to a family life.
So a judge let her remain in the UK until at least 2014 — and as a result she can now claim benefits legally.
Kensington and Chelsea Council, which has 8,000 people on its homes waiting list, tried to evict her, saying she made herself “intentionally homeless” by committing the fraud.
But she complained she would be left wandering the streets and won a review.
Chishimba claims she only turned to crime out of desperation when her ex-boyfriend kicked her out. She said: “I just didn’t wake up one day and decide to do this. I had to protect my daughter.”
A council spokesman said: ‘ ‘Where property has been obtained fraudulently we always take legal action to recover it for the benefit of genuine claimants.’
The UK Border Agency said there would be new legislation by the summer and added: “Public interest in removal should outweigh the migrant’s right to family life.”
Courtesy of the Sun of UK