Latest news with #UpperTribunaloftheImmigrationandAsylumChamber
Yahoo
22-05-2025
- Politics
- Yahoo
Migrant can stay in UK to escape his wicked stepmother
A Guinean asylum seeker has been allowed to remain in the UK after escaping his wicked stepmother. A judge has ruled that the man, now in his early 20s, would be likely to be punished by his wicked stepmother if he were to return after fleeing the country to escape her. An immigration tribunal heard the unnamed man was 'physically abused' and forced to work long hours by his father's first wife after his biological parents both died in a car accident. The asylum seeker managed to secretly save money to send his younger brother away and was eventually able to flee to the UK with the help of a family friend. The tribunal heard that if he were to return to the West African country, he would be punished by his stepmother for 'disobeying' her and violating social norms. The asylum seeker – who was granted anonymity – has won a human rights claim to remain in the UK. The case, disclosed in court papers, is the latest example uncovered by The Telegraph where illegal migrants or convicted foreign criminals have been able to remain in the UK or halt their deportations on human rights grounds. Yvette Cooper, the Home Secretary, has announced plans to curb judges' powers to block deportations with new legally-enforced 'common sense' rules to clarify how judges interpret the European Convention on Human Rights (ECHR) and strengthen the public interest test. The Upper Tribunal of the Immigration and Asylum Chamber heard the young man's father was 'relatively wealthy', owned a large estate, and had two wives. In 2016, when he was just 14, both of his parents were killed in a car accident. His younger sister was sent away to live with a grandparent while he and his younger brother were 'required' to remain in the family compound with his father's first wife. The tribunal said: 'She, and those around her, physically abused the boys, forcing them to work long hours and punishing them if they refused to do so.' It was heard that this type of situation is 'not unusual' in Guinea, and that children of other wives are often 'vulnerable' to 'exploitation and abuse' when they are without the protection of blood relatives. The man – who made his asylum claim in 2019 – managed to 'secretly' save enough money to 'send his little brother away', it was heard. Then, some time later, a friend of his late father – who was then living in Germany – arranged for a passport and visa for the young man and paid for his travel to the UK. Expert evidence provided to the tribunal said that if the man were to be returned to Guinea, he would be 'subject to stigmatisation by society due to him violating the social norms of his tribe'. This related to him 'disobeying and escaping' his father's first wife. The tribunal heard there would be an 'expectation' that his stepmother should 'severely physically punish him to reinstate the social balance'. The First-tier Tribunal accepted this account and he was allowed to remain in the UK, on both protection and human rights grounds. The asylum seeker was found to be 'a vulnerable witness' who 'cannot be held responsible for the actions of the family friend who fraudulently obtained a passport and visa on his behalf'. The Home Office attempted to appeal the decision by the First-tier Tribunal, arguing that they had failed to find that the man would be 'treated differently'. It said they failed to provide adequate reasons as to why the man's fear of his stepmother amounted to an 'innate characteristic that singles him out for different treatment by the rest of society'. However, the appeal was dismissed in its entirety by the Upper Tribunal, which upheld the earlier decision. 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.
Scottish Sun
21-05-2025
- Scottish Sun
Pakistani paedo wins legal fight to rehear case to stay in Scotland after arguing he will be punished in his homeland
The sex offender - who molested multiple teenage girls in Britain - said his crimes were published in newspapers in Pakistan and as a result, he could be prosecuted there or attacked by 'religious fanatics' PERVERT'S ASYLUM BID Pakistani paedo wins legal fight to rehear case to stay in Scotland after arguing he will be punished in his homeland Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) A PAKISTANI paedophile has won a legal battle to have his case to stay in Scotland reheard after arguing he can't be deported - because his crimes were publicised in his home country and he might face punishment on his return. Jamil Ahmed said he should not be sent back to the nation of his birth because he is worried he will be persecuted there. Sign up for Scottish Sun newsletter Sign up 2 Jamil Ahmed was convicted of sex offences at Kilmarnock Sheriff Court Credit: Les Gallagher The sex offender - who molested multiple teenage girls in Britain - said his crimes were published in newspapers in Pakistan and as a result, he could be prosecuted there or attacked by 'religious fanatics'. Ahmed has managed to dodge deportation and remain in Scotland since 2008 when he was convicted of abusing a teenage girl, despite being convicted of a similar offence again in 2013. He told an asylum court in Edinburgh it would be against his human rights to kick him out of the UK. Ahmed has now won an appeal after the Home Office tried to deport him and his case will be reheard. The sicko is married with children and lives in Scotland. He was convicted in 2008 of unlawful sexual intercourse with a girl between 13 and 16 years of age and sentenced to a three-year probation order and 240 hours of community service. In November 2013, he was convicted of unlawful sexual intercourse with a girl between 13 and 16 and sexually assaulting a teenager. He was jailed for three years and six months and placed on the Sex Offenders Register for an indefinite period. As a result, Ahmed was subjected to a deportation order. However, he has embarked on a near decade-long legal fight to stay in Britain. Inside the rise of ex-Rangers ultras chief turned mob boss waging gangland war across Scotland Ahmed has lost two appeals but has never been removed from the UK. At his latest appeal, the Upper Tribunal of the Immigration and Asylum Chamber in Edinburgh heard his sex offences were reported in a newspaper in the UK. He claims reporting also featured in the Daily Kashmir News. The tribunal judgement said: "[Ahmed] asserts that he has a well-founded fear of persecution and is at risk of suffering serious harm in Pakistan because knowledge of his crimes have become known in Pakistan and published in newspapers. "In addition, a First Information Report ('FIR') has been made to the police in his local area on the basis of his crimes; a fatwa has also been issued. "[Ahmed] states that he is at risk of being prosecuted in Pakistan for these offences for which he has already been convicted, double jeopardy law applying in Pakistan. "He also submits that he is at risk from religious fanatics as a result of the fatwa. "It is also his case that there will be no sufficiency of protection for him against such groups in Pakistan and that he would not be able to relocate to an area where he would be safe. "[He] also claims that his removal from the United Kingdom would be a breach of his Article 8 rights as he has a partner and child in the United Kingdom." Ahmed claimed there was a 'leaflet in existence containing the same photograph as the newspaper article', which he said was being 'distributed by local extremists'. Ahmed also claimed 'armed individuals came to the family home looking for him' in Pakistan and that his father was shot and killed. The Home Office has disputed the existence of newspaper reports in Pakistan. Ahmed summoned an expert Pakistani witness to appear at his last asylum hearing in 2024 - Asad Ali Khan, an advocate of the High Courts in Pakistan. Mr Khan said the reporting in Pakistan appeared to be legitimate. Ahmed lost the hearing in 2024 with the judge at the time dismissing what they expert had to say. But now, the Upper Tribunal has ruled that the judge in 2024 made a mistake in law by failing to make a 'sustainable' finding about the expert's opinion. Expert Mr Khan told the hearing: 'Moreover the pamphlet/leaflet which has been produced in respect of [Ahmed] (and has been distributed in Pakistan) is a tool to demonise [him] and malign him. "It also contains a photograph of [him] and states on his return to Pakistan he will be punished in accordance with Sharia law. "I see many such examples of propaganda material which are so clearly to be against private citizens. "I have examined [Ahmed's] documents and they bear all the traditional hallmarks of legal, propaganda and media documents in Pakistan which are used to victimise persons such as [Ahmed] who are in difficulties with the law in the UK." It was heard Mr Khan only saw 'photocopies of newspapers and their translations' and 'the articles in question being cut out rather than identified as being on a full page of the newspaper'. The Upper Tribunal, presided over by Judge Jeremy Rintoul, found that proper rulings need to be made about the expert's evidence, Ahmed's wife's evidence, and about documents related to the case. Judge Rintoul said: "I consider that, cumulatively, the judge [in 2024] has failed to reach sustainable conclusions with respect to the documents, the wife's evidence and the expert's opinion." A fresh hearing will now take place to determine Ahmed's case.
