Algerian criminal can stay in UK because he would be ‘mocked for being trans'
The 27-year-old has been jailed for robbery and committed multiple offences including burglary, theft and battery since being granted refugee status in the UK in 2013.
In arguing against his deportation, the repeat offender – identified only as MS – claimed he would be targeted in Algeria because of his sexuality, described to a court as 'gay, transvestite and/or transgender'.
An asylum judge agreed, upholding his appeal against the Home Office's revocation of his refugee status.
Convict's father threatens to kill him
Upper tribunal Judge Christopher Hanson said: 'Were MS to return to Algeria and be open about his sexuality, he would be at risk of mockery, harassment, discrimination and potential harm from non-state actors.
'Were he to wear women's clothes and makeup, he would certainly draw negative attention to himself, and would likely be subjected to ridicule, hostility and possible harm.
'While there are some transvestites and transgender individuals in Algeria... they have suffered abuse and harm.
'Algerian society would not generally accept men dressing as women or asserting that they are transgender. Indeed, [his]'s account... of being ridiculed for wearing women's clothes and make up in public areas is entirely plausible, as are his father's threats to kill him on account of his behaviour.
'A family would deem such actions as deeply shameful and humiliating, and would do their utmost to prevent their son from bringing embarrassment and shame in this way. If MS chooses to dress in women's clothing or make up, this would heighten the threat of abuse.'
The case is the latest to be revealed by The Telegraph from immigration court documents.
It comes as Yvette Cooper, the Home Secretary, is drawing up new laws to restrict the rights of foreign criminals and illegal migrants to use human rights laws to avoid deportation. She is also tightening the rules to allow the Government to reject asylum applications of sex offenders and give ministers more discretion to block the claims of other offenders.
The Upper Tier Tribunal (UTT) of the Asylum and Immigration Chamber was told that the MS is a gay man who had been recognised as a refugee 'who was and is a transvestite and/or is transgender'.
Prolific criminality
However, since his arrival in Britain 12 years ago, he had been convicted of numerous crimes, including four convictions for offences including burglary and theft; attempted burglary with intent to steal; using threatening, abusive, insulting words or behaviour with intent to cause fear or provocation of violence; and theft.
MS received a warning letter from officials in September 2015, after the decision was taken not to deport them due to Algeria's 'situation'.
He received eight further convictions between May 2016 and June 2018 for offences including 'theft; resisting or obstructing a constable; failing to surrender to custody at appointed time and various driving offences'.
In August 2018 he was convicted for offences including theft and racially aggravated provocation.
In February 2019, he was issued 'administrative removal papers as an overstayer' following the expiry of his refugee limited leave to remain.
MS was in and out of prison after this point, and came to the attention of authorities in January of the following year after being convicted for offences including battery.
He was sentenced to four years and three months in prison after receiving a conviction for robbery and breaching a criminal behaviour order.
'Grant of international protection'
A deportation order was made in August 2022, and he was served with a notice of the decision to revoke his refugee status in the same month.
The Home Office asserted in July 2023 that the situation in Algeria had changed and that MS would no longer be an 'individual who would face treatment amounting to persecution' in the country.
However, a 'country expert' told the tribunal that while 'homosexuality is not illegal in Algeria engaging in homosexual acts is a punishable offence', and those who do not hide their sexuality are at risk of 'physical violence'.
Judge Hanson said: 'I find a holistic assessment of the evidence shows there is sufficient to justify the maintaining of the grant of international protection.'
The judge found the lower court had made a legal error because it did not consider the 'protected characteristics' for which the asylum seeker has been 'recognised as a refugee'.
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