May wins rapist deportation appeal

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Published: Thursday 5th February 2015 by The News Editor

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The Home Secretary has won a legal battle against a decision that a Somali national who raped a pregnant woman cannot be deported.

Theresa May successfully challenged in the Court of Appeal, immigration tribunal rulings that deporting “MA”, who must not be named for legal reasons, would be an unlawful breach of his human rights.

But, because of the passage of time that has occurred in dealing with MA’s case, he cannot immediately be sent back to Somalia and is now entitled to have a fresh assessment of his case under the immigration rules, three appeal judges decided.

Lord Justice Richards, sitting with Lord Justice Ryder and Sir Colin Rimer, said MA originated from northern Somalia and was now aged either 30 or 32 years.

In 1988, he fled with the rest of his family to Ethiopia.

By 2004, all family members had come to the UK and gained British citizenship, except MA, who had not applied.

The judge said the offences that triggered deportation orders were committed by him in 2006.

MA attacked a pregnant woman when she was asleep in her own bed and was jailed for 10 years .

The judge said: “He held a knife to her throat, threatening to kill her, while he raped her and committed a further offence of attempted rape.”

His appeal against deportation was allowed by an immigration first-tier tribunal on the grounds that removing him would be a breach of his Article 8 right to “private and family life” under the European Convention on Human Rights.

The Home Secretary’s appeal to the upper tribunal was dismissed, but she renewed her challenge in the appeal court.

Today, allowing her appeal, Lord Justice Richards said the tribunal had failed to acknowledge “the great weight” that had to be attached to the public interest in deporting foreign criminals.

Published: Thursday 5th February 2015 by The News Editor

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