Sunday, September 04, 2016

Convicted Asylum seeker criminal can’t be deported - no country will have him

An asylum seeker with 14 convictions for 17 crimes cannot be deported back to his native Algeria, or anywhere else, because no other country will have him, a High Court Judge was told.

The 31-year-old Algerian repeat offender presents 'high risk of harm to the public' and has committed 'numerous criminal offences' including violent and drug crime.

Since arriving in the UK from Africa in 2003, the man has been convicted of 17 offences over a seven-year period, but has lodged a compensation claim against the UK Government claiming he has been unlawfully held in a detention centre.

High Court Judge Martin McKenna saw through his story and ruled in favour of the Home Office dismissing the claim, but had to release him from immigration detention after deportation attempts failed.

Judge McKenna said the man, who has a history of alcoholism, drug use and homelessness and cannot be named, had been born in a refugee camp in southern Algeria, claimed that he was 'stateless'.

He said Home Office staff had approached authorities in different parts of Africa - in a bid to deport - but officials abroad had refused to provide travel documents to the man.

In his ruling, Judge McKenna said: 'The claimant entered the United Kingdom in 2003 and claimed asylum in June 2003.

'In 2005 the claimant began to develop a mental health disorder. He has been treated as an inpatient in hospital since that time both on a voluntary and involuntary basis under mental health legislation.

'He has had periods when he has been drinking heavily and periods when he has been street homeless. He has had periods when he has been suicidal and periods when he has self-harmed. He has been prescribed medication for his mental health condition.'

Judge McKenna added: 'The claimant is a serial offender. Between April 7 2005 and September 10 2012 he acquired 14 convictions for 17 separate offences including attempted robbery, criminal damage, drugs and numerous convictions for shoplifting.

'He was assessed as posing a high risk of harm to the public.'

Judge McKenna said the man had subsequently been detained under immigration legislation pending deportation.

The man had claimed that he had been unlawfully detained between January and November 2015, but Home Office officials disputed his claim and said he was a 'serial absconder' and had committed 'numerous criminal offences'.

Staff said he had been held at a time where there had been a prospect of deportation - and they said reasonable deportation steps had been taken. 

The man, who has a history of mental health problems and was not named in the ruling, claimed that he had been unlawfully detained and wanted compensation from the Home Office.

Judge McKenna dismissed the compensation claim but described the man as a 'serial offender' - listing convictions for attempted robbery, criminal damage, drug crime and shoplifting - and said he had been assessed as 'posing a high risk of harm to the public'.

The Human Rights Act could be abolished and replaced by a British Bill of Rights in a move to end unpopular judgements allowing criminals and suspected terrorists to remain in the UK - typically on grounds such as the article 8 ‘right to a family life’ - thwarting Home Office efforts to deport them.

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