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Convicted child sex offender cannot be deported because his tribe is ‘persecuted’ | Immigration Matters

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The Daily Mail reports that a migrant from Sudan in Africa who lured a vulnerable schoolgirl to a house for sex cannot be deported – because of a successful appeal arguing that he is a member of a  ‘persecuted tribe’ in his country.

Sex criminal Jumaa Kater Saleh, 24, was convicted as part of a predatory sex gang for the ‘deliberate, targeted abuse of a young and vulnerable girl’, who was aged 13 at the time.

But he has been allowed to remain in Britain under human rights law because he faced mistreatment if sent back to Sudan.

Details of the controversial case emerged when Saleh went to court to demand compensation from the Government for locking him up. He claimed he was unlawfully detained following his prison sentence, when he was kept behind bars to protect the public.

But a Judge in the High Court rejected his claim as he had posed a ‘substantial’ risk to the public and keeping him locked up was necessary.

The Mail said the decision to allow Saleh to stay has “sparked outrage”. Tory MP Peter Bone said: ‘I take the very simple view that if someone comes to this country and then breaks the law then he should be sent back to where he comes from.

‘Any arguments about his human rights disappear when he has violated, violently, the rights of a young girl.’

Saleh illegally entered the UK in November 2004 hidden in the back of a lorry.

In January 2005 he claimed asylum but this was rejected, but because he was under 18, he was allowed to remain until he reached adulthood in October 2006.

He was still in the country in May 2007, when arrested and charged with the sex offences. In February 2008, he was convicted of two charges of sexual activity with a 13-year-old girl.

He was part of a group of five immigrants who lured schoolgirls – including three aged 13 and one aged 14 – to a house for sex.

The Judge at the trial had remarked that all three girls were ‘clearly disturbed and vulnerable, far from mature for their years and had been targeted by the group’. Saleh was jailed for four years on the basis that the offences were planned and that he knew the girl’s age. The judge also recommended him for deportation.

At the end of his prison sentence immigration officials deemed that he should not be released as they tried to deport him ‘for the public good’.

He was eventually released in May 2011 when it was decided that he would face persecution if returned to Sudan, under protection against ‘inhuman and degrading treatment’ and risk to life. He now lives in Leicester.

Ruling against his compensation claim yesterday, deputy High Court Judge Philip Mott QC said he had not been unlawfully detained.

The senior Judge, sitting at the High Court in London, accepted that Saleh was a member of the Zaghawa and so it was ‘not possible’ to return him to Sudan.

But he ruled there was no evidence of Saleh being held unlawfully or unreasonably at any time and his case failed ‘on all grounds’.

The Judge told him: ‘It was deliberate, targeted abuse of a young and vulnerable girl. The risk that the claimant, in his early-20s, would commit a further sexual offence if released … had to be considered as substantial.’

A UK Border Agency spokesman said: ‘We believe those who break our laws should be returned home and are extremely disappointed with the court’s decision.

‘We did not believe that this individual needed or deserved refuge in this country.’ Source: Daily Mail.

The number of people being picked up and detained is rising since private firm Capita took over the contract to find and remove 150,000 UK visa overstayers.

If you have overstayed your visa, but think you may have a human rights claim to remain in the UK, you should take advice on how to regularise or legalise your stay in the UK, before you get arrested and removed.

Immigration Matters has teamed up with a network of immigration law practitioners to offer bail and appeal services for those who find themselves locked in detention centres.

If you have been detained, need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR, Settlement, Citizenship, Dependant Visa or an appeal against a UK Border Agency or British Embassy refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk for free immigration news updates.

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