A Pakistani sex offender who was convicted of sexually assaulting a woman has been allowed to remain in the UK after telling authorities that he is gay, a report by The Telegraph says. The 53-year-old man, known only as MR, had lived illegally in the UK for 11 years when he was arrested in 2017. Even though he was convicted of sexually assaulting a woman by touching, he was able to obtain refugee status, claiming that he would be persecuted in his native country because of his sexual orientation.
Illegal Stay and Criminal Conviction
MR came to the UK in 2006 on a student visa, which ran out in December of the same year. He remained illegally, however. In 2012, he made an application for leave to remain on grounds of humanity, but it was refused by the Home Office. In 2017, he was arrested and convicted of sexual assault. Despite pleading guilty, he maintained his innocence in his asylum application and claimed he had been in a same-sex relationship with a Mr. K since 2019.
MR’s appeal for asylum was originally denied as there was insufficient credible evidence that he was gay. Nevertheless, because of an error in law, his statement was not disputed, and ultimately, he successfully applied for asylum as a refugee. The Home Office has subsequently appealed the ruling, and he is now scheduled to have the case reheard by a higher immigration tribunal.
Legal Loopholes Allow Convicted Criminals to Remain
MR’s case is not the first where convicted foreign criminals have evaded deportation by invoking human rights legislation. In February, Shawn Rickford McLeod, a convicted drug dealer, successfully evaded deportation after arguing that deportation would breach his right to a family life under Article 8 of the European Convention on Human Rights (ECHR). McLeod, who has a wife and three children in the UK, even confessed that he planned to keep using cannabis even after being convicted.
Likewise, an Albanian offender evaded deportation after he argued that his son was not used to foreign chicken nuggets. Another Pakistani paedophile managed to evade deportation after a court declared that deporting him would be “unduly harsh” on his kids.
Home Office Faces Criticism
The Home Office has been criticized for allowing convicted offenders to use legal loopholes in order to stay in the UK. Although MR’s case will be considered, critics say that the system is being exploited to cover up the criminals instead of serving justice. The tribunal’s decision will be anxiously watched, as it will create a precedent for future instances of convicted offenders invoking human rights to stay within the country.
