Iraqi drug dealer who abandoned two children told he can stay in UK because he has a girlfriend (and ‘his tattoo of half-naked woman could lead to persecution’)
- Hesham Mohammed Ali won appeal against Home Secretary Theresa May
- Ali, 36, avoided deportation to native Iraq by arguing right to a family life
- He met girlfriend in 2005 and has a tattoo of half-naked Western woman
- Home Office spends thousands of pounds trying to boot Ali out of Britain
By MARK DUELL
PUBLISHED: 09:28, 28 April 2013
A convicted drug dealer who abandoned his two children by different women has been allowed to stay in Britain because he has a girlfriend in this country, it was revealed today.
Hesham Mohammed Ali, 36, won an appeal against Home Secretary Theresa May who wanted to deport him to his native Iraq by successfully arguing that this would breach his right to a family life.
He told Judge Jonathan Perkins he had a ‘genuine’ relationship with his British beautician girlfriend Cy Harwood, 31, and that his life would be in danger in Iraq because he was covered in tattoos.
Victory: Hesham Mohammed Ali (left), 36, won an appeal against Home Secretary Theresa May who wanted to deport him to his native Iraq by successfully arguing that this would breach his right to a family life
One of these was of a half-naked Western woman, he said. The Home Office has spent thousands of pounds of taxpayers’ cash trying to boot out Ali – battling his initial appeal and a second hearing.
A Home Office spokesman told the Sunday Telegraph it was ‘disappointed’, adding that ‘foreigners who commit serious crimes should be deported, regardless of whether they have family in the UK’.
Ali, who has no contact with his two children from an Irish woman and another from Liverpool, came to Britain ‘irregularly’ by a people-smuggling gang in 2000, reported the Sunday Telegraph.
Two years later Ali had an asylum claim and an appeal rejected, but he was not deported for reasons unknown. Then he was convicted of possessing Class A and Class C drugs in 2005 and fined.
Decision: Ali told Judge Jonathan Perkins (pictured) he had a ‘genuine’ relationship with his British beautician girlfriend Cy Harwood, 31, and that his life would be in danger in Iraq because he was covered in tattoos
One year after that Ali was convicted of possessing Class A drugs with intent to supply and was sent to prison for four years, reported the Sunday Telegraph.
‘Foreigners who commit serious crimes should be deported, regardless of whether they have family in the UK’
Immigration laws state that any foreigner imprisoned for at least one year should be automatically deported. The Home Office told him that this was its intention, but a lack of clarity over his real nationality stopped this happening.
Ali was bailed in 2009 – and deportation action restarted in 2010 before he put in an appeal.
At the second hearing he was allowed to stay by the judge because of his girlfriend. He said he was impressed by evidence from Miss Harwood, whom Ali met in 2005, reported the Sunday Telegraph.
Ali said he had worked as a wrestling promoter and dancer – and had even once passed an audition to work for music mogul Simon Cowell, but was arrested before he could start work.
Read more: http://www.dailymail.co.uk/news/article-2316026/Convicted-drug-dealer-abandoned-children-allowed-stay-Britain-girlfriend.html#ixzz2RkdHg5B1
I came across this;
Judge who let Taliban soldier remain in Britain now allows refugee who raped girl, 12, stay in UK
by SHEIKYERMAMI on JULY 16, 2012
Protecting Islamic terrorists, affording them million-dollar homes and placing the ‘human rights’ of dangerous rapists and other criminals above the safety of their own people: Absurd UK sinks deeper into submission every day.
- Sani Adil Ali was described as a ‘potential danger to young girls’ by the judge who sentenced him for the sex attack on the child
- Senior immigration judge Jonathan Perkins said it would breach the 28-year-old’s human rights to deport Ali
- Ministers insist they are powerless to act
Ruling: Immigration Judge Jonathan Perkins, pictured, said Ali can stay in Britain
A Sudanese asylum seeker who raped a 12-year-old girl has been allowed to remain in Britain – after a judge ruled it would breach his human rights to deport him.
Sani Adil Ali was jailed for raping the girl just months after he was given refugee status.
When he was sentenced, another judge described him as ‘a potential danger to young girls’ and put him on the Sex Offenders’ Register for the rest of his life.
But after serving a three-year sentence, an immigration tribunal ruled Ali could stay in Britain on the grounds that he could be in danger if he returned to Sudan.
Senior immigration judge Jonathan Perkins allowed the 28-year-old to remain in Britain, even though the rapist’s probation officers found that he presented some risk to young people.
In his ruling, Judge Perkins said: ‘We find that the appellant is still entitled to the protection of the Refugee Convention and the Qualification Directive.
‘In any event, removing him would be contrary to the United Kingdom’s obligations under the European Convention on Human Rights.’
It is not the first time that Judge Perkins has made a controversial decision. Last month, The Mail on Sunday reported how he allowed an Afghan Muslim, who claimed he killed people while fighting for the Taliban, to remain in Britain.
It has also been reported that Judge Perkins has often allowed foreign criminals to remain in Britain because of their ‘right to a family life’ under the Human Rights Act.
His latest decision is another setback for Home Secretary Theresa May, whose plans to crack down on the way foreign criminals use human rights to avoid being deported appear to be repeatedly undermined by the courts.
Charlie Elphicke, Conservative MP for Dover & Deal, who has tabled a Bill to replace the Human Rights Act with a British Bill of Rights, said: ‘Britain will always be there to provide refuge to those in need. But people who commit crimes here should be sent back immediately.
‘Right-thinking people in Britain will be appalled that this person will be allowed to stay here. It sums up what is wrong with the European human rights laws.
‘We should have zero tolerance of refugees who commit crimes. Cases like this are why I have tabled a British Bill of Rights so we can control our borders and ensure that foreign criminals and terrorists are deported immediately.’
Ali had attacked the 12-year-old girl while he was staying with her family during a five-day trip to Sheffield
Threat: Judge Jonathan Perkins allowed an Afghan Muslim, who claimed he killed people while fighting for the Taliban, similar to those pictured, to remain in Britain
Ali, who is from the Darfur region, arrived in Britain in October 2003 and was awarded refugee status in February 2005.
But two months later he was arrested at his address in Middlesbrough over the rape of a 12-year-old Hungarian girl.
Ali had attacked her while staying with her family during a five-day trip to Sheffield. The victim’s family had offered to put him up while he visited his friend, Kamel Ahmed, then 22, also from Darfur.
Ali and Ahmed knew each other and the girl’s family from refugee camps in Italy and France.
Ali, who pleaded guilty to one count of child rape, was sentenced to three years’ imprisonment at Sheffield Crown Court. Ahmed was convicted of three counts of child rape and jailed for ten years.
Judge Michael Murphy QC, said: ‘I regard each of you as a potential danger to young girls and so each of you will be banned for the rest of your life from ever taking up a job which involves working with children under 16.’
When Ali was released from Doncaster jail in 2008, the Home Office ordered that he return to Sudan and he was locked up in an immigration removal centre.
Ali appealed to the immigration court and when a judge rejected his bid, he mounted a fresh appeal to the Upper Tribunal Immigration and Asylum Chamber.
At the Sheffield hearing, Judge Perkins ruled that removing Ali, who comes from the Zaghawa tribe, would breach his rights under Article 3 of the European Convention on Human Rights, which prohibits torture or inhumane punishment.
Judge Perkins referred to a 2009 ruling which stated that non-Arab tribes such as the Zaghawa are ‘at risk of persecution in Darfur and cannot reasonably be expected to relocate elsewhere in Sudan’.
The judge also said Ali could not be deported because he was not a danger to the public, and therefore could not have his refugee status taken away from him.
He said that even though his probation officers found he ‘presented some risk to young people’, Ali had ‘faced up to his responsibilities and indicated an intention to behave himself in the future’.
It is believed Ali was allowed to leave the immigration removal centre around 2009 and then moved to Newcastle, and still lives in the North East. It is not known if he received legal aid to fund his immigration fight.
Last night the Government admitted it was powerless in the face of the tribunal’s decision, with an aide to Mrs May stressing there was nothing the Home Secretary could do. ‘We are at the mercy of the courts,’ they said.
The UK Border Agency said: ‘We do not believe this individual needs or deserves refuge in this country.’
Just what is it with these totally insane judges? Between this idíot and the idiot Mitting, our country is becoming home to every deranged lunatic from across Africa. High time that something was done to rein in these legal loonies. Better late than never!