A convicted drug dealer faces deportation back to Jamaica, leaving his Bermudian wife and children, after losing a Supreme Court battle to stay.Willston Davis, who has 13-year-old twins born in Bermuda, argued that his human right to a family life meant he should be allowed to remain here. He was granted Legal Aid in order to pursue his case.However, ruling against Davis on Friday, Puisne Judge Ian Kawaley said the right to a family life is not protected under the Bermuda Constitution.He noted that the right is protected by European law, however, and suggested Davis might have more success if he appeals to the European Court of Human Rights (ECHR).“Although [Mr and Mrs Davis’s] case has failed under Bermuda domestic law, it is entirely possible that their complaints might gain greater traction at the international human rights level.In this regard, it is a credit to Bermuda that [Davis] was able to obtain Legal Aid in order to mount such a vigorous challenge to his deportation through the present proceedings,” he stated in a written ruling.The ruling prompted Davis’s lawyer Peter Sanderson to say that he may take the matter to the ECHR if necessary.He failed to persuade Mr Justice Kawaley to grant a “stay” on Davis being deported in the meantime.Speaking after the hearing, Mr Sanderson said: “He is fighting to stay here because he wants to stay with his family. It’s uncertain what will happen next.“We are considering a further appeal; however, it is possible there may be an attempt to deport him in the meantime. Obviously we will attempt to resist any deportation while the appeal is ongoing.”During the case, the judge heard that Davis was first notified of plans to deport him in 2008.He then received confirmation he was going to be deported in October 2011, two months before he was released from prison after serving eight years behind bars.He had been sentenced to 12 years in August 2005 after being found guilty of supplying crack cocaine.The jury in the case heard he handed 251 grams of the drug to his girlfriend Cindy Augustus at the Vernon Temple Child Care Centre, Southampton.Surveillance workers saw Davis supplying the drug to Augustus, a teacher at the centre, on June 5, 2003 while children were present at the premises.During the trial, Davis was described as a married construction worker with seven children; three in Bermuda and four in Jamaica.He was living with his girlfriend, not his wife, at the time of the drug crime. Augustus was jailed for eight years for her role.During the Supreme Court judicial review hearing in the deportation case earlier this month, Davis explained through his lawyer that he married his wife Terry-Anne Davis in September 1997.Acting Immigration Minister Walter Roban recommended that he be deported after serving his prison sentence, after the Department had investigated his family circumstances in reports filed in March 2010.The reports said it appeared Davis was “a devoted father and hard working person” until he committed the drug offence. They added that he had a close relationship with his twin son and daughter, and his wife was willing to give him a “second chance” despite a period of separation.The Supreme Court also heard Davis is illiterate and was living and working in Bermuda without permission from Immigration at the time of his arrest.Mr Sanderson argued that the Minister ought not to have recommended deportation without making a decision to formally refuse Davis permission to stay in Bermuda.That decision could then have been reviewed by means of an independent tribunal, giving Davis the opportunity to advance arguments about his right to a family life, he said.However, ruling against Davis, the judge said Mr Sanderson was “most ambitious” in complaining that he had suffered “procedural unfairness”.He also commented that people in Bermuda have “a legitimate expectation” that the rights protected by the European court will be adhered to by the Bermuda Government.He added that until the ECHR has considered a case relating to the Island, it is “impossible to more than guess” whether Bermuda’s Immigration authorities would be afforded “a greater margin” in making decisions, due to Bermuda’s geographical and demographic environment, than countries in Europe.Neither Davis, nor his family, was in court for Friday’s ruling. However, family friend Anna Ridgeway has previously told The Royal Gazette: “It’s absolutely shocking that this man is up for deportation after serving eight years.“We can’t understand why this is happening, it doesn’t make sense to us, it’s all very odd.”Ms Ridgeway also commented: “He’s served his time, he’s done two-thirds of his prison sentence.“You can’t just assume he is going to be a danger to society. He’s never been in trouble in prison, he really is a reformed character. His wife is at a loss and his children are devastated.”