Sudharsan Ithayachandran, a Sri Lankan Tamil, died after being deported from the UK despite an immigration tribunal ruling in his favor.
Deported on December 24, 2019, he left behind his deaf wife, Subatra, and their two children, Priyan and Priyanka, who are all British nationals.
The tribunal’s November 2023 verdict, delivered by Judge Bonavero, affirmed his right to reside in the UK with his family. However, the Home Office delayed issuing his return visa, prolonging his stay in Sri Lanka under unsafe conditions.
Naga Kandiah, a legal counsel with MTC Solicitors, criticized the Home Office for the delay, noting that Ithayachandran’s prolonged separation from his family led to his depression and deteriorating health. Kandiah stated, “The tribunal accepted our client had a genuine and subsisting relationship with his children and to live without them would be ‘unduly harsh’. He had spent years battling with the Home Office to simply rejoin his family. He finally won his case but died before he could do this.”
His family expressed deep grief and blamed the Home Office for his death. Subatra’s mother, Yasadora Nagendra, said, “I don’t know how the family is ever going to get over this. He was such a kind and supportive man. Nobody can replace him. I believe that if the Home Office had not deported him, he would still be alive today. We blame them for his death.”
Lou Calvey, director of Asylum Matters, demanded accountability, questioning why Ithayachandran was deported and why the court ruling was delayed. Calvey noted, “Serious questions must be answered about this heartbreaking case; why was Sudharsan deported when he had such clear rights to remain here; why did the Home Office delay implementing the court ruling reversing the deportation; and why did he have to die alone without his family?”
A Home Office spokesperson responded by stating, “All deportation orders are considered on a case-by-case basis, based on the evidence provided. Once an appeal has been allowed against the refusal to revoke a deportation order, the responsibility of applying for entry clearance to the UK lies with the individual and their representatives.”
