Latest news with #SarahPinder
Yahoo
12-03-2025
- Politics
- Yahoo
Illegal migrant can stay in UK because his ID was stolen
An illegal Iraqi Kurd migrant has been allowed to stay in Britain because his ID documents were stolen by the 'agent' who got him into the UK. The 31-year-old, who has not been named, has lost contact with his family since coming to Britain in 2016. Upper tribunal judge Sarah Pinder said this meant that he could not expect any family members to help him retrieve the necessary identity documents to be able to return to Iraq. Nor was he likely to be able to get new ID papers from the Iraq embassy in London. Returning to Iraq without documents to prove his identity would put him in danger because of the tough border controls and security checks operated by the state. Judge Pinder ruled that this would put the migrant at risk of treatment that would breach his human rights under Article 3 of the European Convention on Human Rights (ECHR), which states that 'no one shall be subjected to torture or to inhuman or degrading treatment or punishment in all circumstances'. She granted the Iraqi Kurd's appeal against his deportation by the Home Office, allowing him to remain in the UK 'on humanitarian protection grounds'. The disclosure, in court documents, sets a potential precedent for Channel migrants with data showing as few as one in 50 arrive with passports, often after being told by people smugglers to destroy them. Iraq was one of the top seven nations for Channel crossings last year with 2,064 reaching the UK in small boats. Labour has negotiated a new returns agreement with Iraq to swiftly deport illegal migrants who reach the UK from the country. It is part of a security pact for sharing intelligence and co-operation to crack down on people-smuggling gangs, which include many led by Iraqi Kurds. The case is the latest example exposed by The Telegraph where illegal migrants or convicted foreign criminals have used human rights laws to remain in the UK or halt their deportations. They include an Albanian criminal who avoided deportation after claiming his son had an aversion to foreign chicken nuggets, and a Pakistani paedophile who was jailed for child sex offences but escaped removal from the UK as it would be 'unduly harsh' on his own children. Chris Philp, the shadow home secretary, said the ruling was 'ludicrous'. 'We cannot allow an illegal immigrant to stay in the UK simply because he claims to have lost his papers – anyone could make this claim. The Government should simply ask the Iraqi embassy to issue the new relevant travel documents,' he said. 'Once again, we see a decision by an immigration judge that totally defies common sense. It is time judges in the immigration tribunal started applying some common sense and ensuring illegal immigrants with no right to be here are actually removed, rather than being allowed to stay on spurious or flimsy grounds.' The court was told the Iraqi Kurd was 10 when he was taken in by his uncle after his mother remarried. She is believed to have moved to Iran. In the eight years since he came to Britain, he had lost contact with his uncle. Efforts to track him down by the Red Cross, and an Iranian friend who travelled to Iraq, had failed. 'I do not accept that the appellant can resort to his family members in order to assist him with retrieving any existing identity documents nor with otherwise meeting and/or vouching for him at any arrival in the Iraqi Kurdish Region (IKR) to permit his entry into the IKR,' said Judge Pinder. She also said the 'level of information' provided by the Iraqi embassy was 'not sufficient for me to find that the appellant would be likely to secure identity documentation'. Judge Pinder concluded: 'Thus, I am satisfied that the appellant is reasonably unlikely to secure an Iraqi identity document, whether in the UK or on arrival in the IKR, which would permit him to enter the IKR and to travel internally without subjecting him to treatment, contrary to Article 3 ECHR.' Judge Pinder has made controversial rulings including allowing a Zimbabwean paedophile to stay in Britain because he would face 'hostility' in his home country. She was also one of two judges to declare that a Sudanese asylum seeker was a child despite the Home Office saying he was at least 23 with a receding hairline. Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
12-03-2025
- Politics
- Telegraph
Illegal migrant can stay in UK because his ID was stolen
An illegal Iraqi Kurd migrant has been allowed to stay in Britain because his ID documents were stolen by the 'agent' who got him into the UK. The 31-year-old, who has not been named, has lost contact with his family since coming to Britain in 2016. Upper tribunal judge Sarah Pinder said this meant that he could not expect any family members to help him retrieve the necessary identity documents to be able to return to Iraq. Nor was he likely to be able to get new ID papers from the Iraq embassy in London. Returning to Iraq without documents to prove his identity would put him in danger because of the tough border controls and security checks operated by the state. Judge Pinder ruled that this would put the migrant at risk of treatment that would breach his human rights under Article 3 of the European Convention on Human Rights (ECHR), which states that 'no one shall be subjected to torture or to inhuman or degrading treatment or punishment in all circumstances'. She granted the Iraqi Kurd 's appeal against his deportation by the Home Office, allowing him to remain in the UK 'on humanitarian protection grounds'. The disclosure, in court documents, sets a potential precedent for Channel migrants with data showing as few as one in 50 arrive with passports, often after being told by people smugglers to destroy them. Iraq was one of the top seven nations for Channel crossings last year with 2,064 reaching the UK in small boats. Labour has negotiated a new returns agreement with Iraq to swiftly deport illegal migrants who reach the UK from the country. It is part of a security pact for sharing intelligence and co-operation to crack down on people-smuggling gangs, which include many led by Iraqi Kurds. The case is the latest example exposed by The Telegraph where illegal migrants or convicted foreign criminals have used human rights laws to remain in the UK or halt their deportations. They include an Albanian criminal who avoided deportation after claiming his son had an aversion to foreign chicken nuggets, and a Pakistani paedophile who was jailed for child sex offences but escaped removal from the UK as it would be 'unduly harsh' on his own children. 'Defies common sense' Chris Philp, shadow home secretary, said the ruling was 'ludicrous'. 'We cannot allow an illegal immigrant to stay in the UK simply because he claims to have lost his papers – anyone could make this claim. The Government should simply ask the Iraqi Embassy to issue the new relevant travel documents,' he said. 'Once again, we see a decision by an immigration judge that totally defies common sense. It is time judges in the immigration tribunal started applying some common sense and ensuring illegal immigrants with no right to be here are actually removed, rather than being allowed to stay on spurious or flimsy grounds.' The court was told the Iraqi Kurd was 10 when he was taken in by his uncle after his mother remarried. She is believed to have moved to Iran. In the eight years since he came to Britain, he had lost contact with his uncle. Efforts to track him down by the Red Cross, and an Iranian friend who travelled to Iraq had failed. 'I do not accept that the Appellant can resort to his family members in order to assist him with retrieving any existing identity documents nor with otherwise meeting and/or vouching for him at any arrival in the Iraqi Kurdish Region (IKR) to permit his entry into the IKR,' said Judge Pinder. She also said the 'level of information' provided by the Iraqi embassy was 'not sufficient for me to find that the appellant would be likely to secure identity documentation'. Judge Pinder concluded: 'Thus, I am satisfied that the appellant is reasonably unlikely to secure an Iraqi identity document, whether in the UK or on arrival in the IKR, which would permit him to enter the IKR and to travel internally without subjecting him to treatment, contrary to Article 3 ECHR.' Judge Pinder has made controversial rulings including allowing a Zimbabwean paedophile to stay in Britain because he would face 'hostility' in his home country. She was also one of two judges to declare that a Sudanese asylum seeker was a child despite the Home Office saying he was at least 23 with a receding hairline.
Telegraph
26-02-2025
- Politics
- Telegraph
Immigration judge wrote for pro-open borders website
An immigration judge behind a string of controversial rulings has written dozens of articles for a pro-open borders website. Judge Sarah Pinder, whose decisions at tribunals have sparked a backlash in recent weeks, previously wrote for Free Movement, an online publication, and described detention centres as 'truly abhorrent'. The site was founded by Colin Yeo, a barrister specialising in asylum cases, who has been critical of government efforts to curb illegal immigration. Judge Pinder has made controversial rulings including allowing a Zimbabwean paedophile to stay in Britain because he would face 'hostility' back in his home country. She was also one of two judges to declare that a Sudanese asylum seeker was a child despite the Home Office saying he was at least 23 with a receding hairline. Robert Jenrick, the shadow justice secretary, said: 'Judges are trusted to park their political beliefs at the door. But when a judge's open borders political views seamlessly overlap with their expansionist judicial decisions, it's hard to escape the conclusion that they have been compromised. 'The framers of the ECHR [European Convention on Human Rights] could hardly have anticipated the breadth with which it has since been interpreted by some judges. It destroys public confidence in our immigration and criminal justice systems.' Richard Tice, the deputy leader of Reform UK, said Judge Pinder 'should resign or be fired', adding: 'Sarah Pinder is clearly not fit to be an immigration judge. 'She simply does not agree with the concept of detention, deterrence and strong borders. The vast majority of British people do not want these people to put our safety at risk. She should resign or be fired.' The articles date from 2011 to 2022, with the last piece published three years after Judge Pinder's appointment to the first-tier tribunal as a part-time immigration judge in 2019. She was later appointed to the upper tribunal, which reviews first-tier decisions, in 2024. Before her career as a full-time judge, she was an immigration barrister at Goldsmith Chambers. Judge Pinder appears to have recently deleted her social media profiles, with her LinkedIn and X accounts closed within the past month. Her more recent articles for Free Movement looked at concessions for Afghan citizens on study and work routes in the UK and the process of reopening a finalised immigration appeal. In 2011, she described government detention centres as 'truly abhorrent' following the deaths of three detainees. She also criticised the Metropolitan Police and Sir Mark Rowley, now the force's commissioner, over an operation targeting foreign offenders in 2013, describing the social and cultural ramifications as 'incredibly worrying'. Greg Smith, the Tory MP for Mid Buckinghamshire, said: 'The public expect our judiciary to be independent, not peddling their own agenda. There is no excuse for judicial activism, and any identified activism like this must be stamped out.' It comes after a string of immigration rulings exposed by The Telegraph where migrants or convicted foreign criminals have secured the right to remain in the UK or avoided deportation in controversial circumstances. Sir Keir Starmer, the Prime Minister, has criticised a decision by a different judge to allow a Palestinian family to live in the UK after they applied through a scheme for Ukrainian refugees. Judge Pinder's decision to block the deportation of a convicted Zimbabwean paedophile on the basis he was likely to face 'substantial hostility' in his home country was criticised by Chris Philp, the shadow home secretary. She previously ruled that a Jamaican drug dealer should be spared deportation after being told he had a transgender child. Together with Judge Hugo Norton-Taylor, she also quashed a council's verdict that a Sudanese migrant was an adult, rather than 16 years old as he had claimed. Mr Yeo, the founder of Free Movement, recently warned that Labour's new Border Security, Asylum and Immigration Bill 'won't work' if it is intended to stop or even cut down on small boat crossings. In a piece for the website, he wrote: 'Prosecuting people smugglers who never set foot on British soil is impossible, and more would spring up to meet demand anyway. 'Even if people are sent to prison, it seems highly unlikely that would deter anyone else from trying the same thing in future. It's punishment without deterrence or rehabilitation. 'If its purpose is political, to show that the Government is doing something, that won't work either. Passing new laws makes it sound like you're doing something but of itself has no real world impact. It increases expectations while doing nothing to sate them.' A spokesman for the judiciary said: 'Judicial independence and impartiality are fundamental to the rule of law. 'Upon taking office, judges take the judicial oath where they swear to act 'without fear or favour, affection or ill will'. 'In each case, judges make decisions based on the evidence and arguments presented to them and apply the law as it stands.'
Yahoo
26-02-2025
- Politics
- Yahoo
Immigration judge wrote for pro-open borders website
An immigration judge behind a string of controversial rulings has written dozens of articles for a pro-open borders website. Judge Sarah Pinder, whose decisions at tribunals have sparked a backlash in recent weeks, previously wrote for Free Movement, an online publication, and described detention centres as 'truly abhorrent'. The site was founded by Colin Yeo, a barrister specialising in asylum cases, who has been critical of government efforts to curb illegal immigration. Judge Pinder has made controversial rulings including allowing a Zimbabwean paedophile to stay in Britain because he would face 'hostility' back in his home country. She was also one of two judges to declare that a Sudanese asylum seeker was a child despite the Home Office saying he was at least 23 with a receding hairline. Robert Jenrick, the shadow justice secretary, said: 'Judges are trusted to park their political beliefs at the door. But when a judge's open borders political views seamlessly overlap with their expansionist judicial decisions, it's hard to escape the conclusion that they have been compromised. 'The framers of the ECHR [European Convention on Human Rights] could hardly have anticipated the breadth with which it has since been interpreted by some judges. It destroys public confidence in our immigration and criminal justice systems.' Richard Tice, the deputy leader of Reform UK, said Judge Pinder 'should resign or be fired', adding: 'Sarah Pinder is clearly not fit to be an immigration judge. 'She simply does not agree with the concept of detention, deterrence and strong borders. The vast majority of British people do not want these people to put our safety at risk. She should resign or be fired.' The articles date from 2011 to 2022, with the last piece published three years after Judge Pinder's appointment to the first-tier tribunal as a part-time immigration judge in 2019. She was later appointed to the upper tribunal, which reviews first-tier decisions, in 2024. Before her career as a full-time judge, she was an immigration barrister at Goldsmith Chambers. Judge Pinder appears to have recently deleted her social media profiles, with her LinkedIn and X accounts closed within the past month. Her more recent articles for Free Movement looked at concessions for Afghan citizens on study and work routes in the UK and the process of reopening a finalised immigration appeal. In 2011, she described government detention centres as 'truly abhorrent' following the deaths of three detainees. She also criticised the Metropolitan Police and Sir Mark Rowley, now the force's commissioner, over an operation targeting foreign offenders in 2013, describing the social and cultural ramifications as 'incredibly worrying'. Greg Smith, the Tory MP for Mid Buckinghamshire, said: 'The public expect our judiciary to be independent, not peddling their own agenda. There is no excuse for judicial activism, and any identified activism like this must be stamped out.' It comes after a string of immigration rulings exposed by The Telegraph where migrants or convicted foreign criminals have secured the right to remain in the UK or avoided deportation in controversial circumstances. Sir Keir Starmer, the Prime Minister, has criticised a decision by a different judge to allow a Palestinian family to live in the UK after they applied through a scheme for Ukrainian refugees. Judge Pinder's decision to block the deportation of a convicted Zimbabwean paedophile on the basis he was likely to face 'substantial hostility' in his home country was criticised by Chris Philp, the shadow home secretary. She previously ruled that a Jamaican drug dealer should be spared deportation after being told he had a transgender child. Together with Judge Hugo Norton-Taylor, she also quashed a council's verdict that a Sudanese migrant was an adult, rather than 16 years old as he had claimed. Mr Yeo, the founder of Free Movement, recently warned that Labour's new Border Security, Asylum and Immigration Bill 'won't work' if it is intended to stop or even cut down on small boat crossings. In a piece for the website, he wrote: 'Prosecuting people smugglers who never set foot on British soil is impossible, and more would spring up to meet demand anyway. 'Even if people are sent to prison, it seems highly unlikely that would deter anyone else from trying the same thing in future. It's punishment without deterrence or rehabilitation. 'If its purpose is political, to show that the Government is doing something, that won't work either. Passing new laws makes it sound like you're doing something but of itself has no real world impact. It increases expectations while doing nothing to sate them.' A spokesman for the judiciary said: 'Judicial independence and impartiality are fundamental to the rule of law. 'Upon taking office, judges take the judicial oath where they swear to act 'without fear or favour, affection or ill will'. 'In each case, judges make decisions based on the evidence and arguments presented to them and apply the law as it stands.' Judge Pinder and Free Movement have been approached for comment. Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
14-02-2025
- Politics
- Telegraph
Zimbabwean paedophile allowed to stay in UK because he would face ‘hostility' back home
A convicted Zimbabwean paedophile was allowed to stay in Britain because he would face 'hostility' if he was deported back to his home country. An immigration tribunal judge blocked his deportation to Zimbabwe by the Home Office because it would breach his rights under Article 3 of the European Convention on Human Rights (ECHR) which prohibits torture, inhuman treatment and degrading punishment. Sarah Pinder, the judge, accepted his lawyers' claims that, as an openly gay man who had been jailed for more than five years for child sex offences, he was likely to face 'substantial hostility' from the Zimbabwean authorities. The man was also granted anonymity and known only as RC. He is autistic and deaf, which the court accepted meant he lacked the social skills that would enable him to 'diffuse' any hostility against him. Judge Pinder rejected an appeal by the Home Office against a lower tribunal ruling in the man's favour, saying that the evidence justified its decision to allow the Zimbabwean to remain in the UK. The verdict, disclosed in court papers, is the latest case exposed by The Telegraph in which migrants or convicted foreign criminals have used human rights legislation to secure the right to remain in the UK or avoided deportation in controversial circumstances. They include an Albanian criminal who avoided deportation after claiming his son had an aversion to foreign chicken nuggets, and a Pakistani paedophile, who was jailed for child sex offences but escaped removal from the UK as it would be 'unduly harsh' on his own children. Sir Keir Starmer, the Prime Minister, has already intervened and described a judge's decision to allow a Palestinian family to live in the UK after they applied through a scheme for Ukrainian refugees as 'wrong'. Yvette Cooper, the Home Secretary, is working on closing the loophole that allowed the decision but immigration appeals, largely on human rights grounds, could hinder efforts to fast-track returns of more illegal migrants. Reform UK, which is surging in the polls, has made the handling of immigration a central plank of its attack on the Government and the Conservatives. The Tories have said that they will be proposing 'radical changes' to human rights laws. Chris Philp, the shadow home secretary, said: 'The ECHR was agreed in 1950 to stop a repeat of the atrocities of Nazi Germany. Now, judges are inventing new definitions of its articles to allow dangerous criminals, in this case a paedophile, to stay in the UK. This is not what we signed up to in 1950. 'The judge has once again ignored our domestic laws in favour of the supposed human rights of a despicable criminal. What if this man abuses children here again? What about the human rights of our children to be protected from him? The human rights farce that prioritises paedophiles ahead of children's safety has to end.' RC came to Britain in October 2007 at the age of 16 with his mother, a British citizen, and was granted indefinite leave to remain in the UK. In 2018, he was convicted and jailed for five years and three months for sexual offences against children and distributing and possessing indecent images of children. The Home Office ordered his deportation in June 2021, but he fought this under Article 3 of the ECHR, arguing that he would face inhumane treatment in Zimbabwe because he was 'a gay white man, who would seek to live his sexual orientation openly, and who is also a convicted sex offender'. His lawyers argued that his risk of persecution would be increased as a result of his reduced social skills because of his health conditions, including autism, attention deficit hyperactivity disorder, attention deficit disorder, post-traumatic stress disorder, depression and deafness. Zimbabwe still criminalises same-sex sexual activity between men, and those found guilty of having sexual relations can face up to a year in jail. The Home Secretary appealed an initial verdict in RC's favour and it was heard by Judge Pinder, from the Upper Tribunal Immigration and Asylum Chamber, in December. She found that owing to his 'disability, being (perceived) gay, white and with a criminal record for child sex offences (once disclosed) will, viewed together, create substantial hostility towards him by the authorities'. She said that this would 'be compounded by his disabilities limiting his capacity to interact in a way that would diffuse rather than exacerbate the hostility and that consequently, there was a real risk that [he] would be subject to treatment contrary to Article 3'. Even though the Government said that it would not disclose RC's offences to the Zimbabwean authorities, she added: 'I also consider that the judge's finding that the authorities are likely to discover [his] criminal convictions as a result of their dealings with [him] in the event that he is forcibly removed from the UK was entirely reasonable.' She said that RC 'would also be at a greater risk on account of his disabilities, namely his deafness and autism, which would reduce his social skills and likely lead him to be open about his sexuality… the judge had also considered that the appellant would likely disclose his convictions with him not appearing to have any sense of the gravity attached to his offending'. Judge Pinder previously ruled that a Jamaican drug dealer convicted of domestic abuse should be spared deportation because he has a transgender child. An immigration tribunal was told that the girl only speaks to him, and not her mother, about her gender identity issues. She also found that the career criminal's mixed race children would have 'unmet emotional needs linked not just to the loss of a parent but to the loss of the parent who represents half of their cultural identity'. It was therefore judged 'unduly harsh' on them to deport him – even though they witnessed him beating their mother.
