International
Pedophile who raped stepdaughter allowed to stay in UK under ECHR rules
Scottish Conservative justice spokesman Liam Kerr said: The public will be horrified that this dangerous criminal remains in Scotland. Common sense dictates that public safety should always take precedence over criminals.
asylum application
MD arrived in the UK in 2008 and applied for asylum. His asylum application was rejected, but he was granted permission to remain in the UK in 2014. At the time, he was married and had a child, and it was ruled that deportation would infringe on his family's right to live.
He had two more children in 2016 and 2018. A deportation order was issued in 2022 after he was found guilty of sexual offenses against his stepdaughter and two of her cousins.
The judge who sentenced him to three years in prison for this particularly serious and horrific crime said there was evidence the MD committed the attack for his own sexual gratification.
The judge said he was out of consideration for the young victims who faced the possibility of lifelong psychological damage.
However, the deportation order was dismissed after MD appealed and won on the grounds that it was unlawful under the Human Rights Act 1998, which incorporated the European Convention on Human Rights (ECHR) into UK law.
The case is likely to add weight to calls for the UK to leave the ECHR over claims it would leave ministers without the power to deport failed asylum seekers and dangerous criminals.
The judge ruled that if MD were removed from the UK his wife would lose any emotional support the pedophile could have provided her, which would have a negative impact on the welfare of their children.
MD continues to deny the crimes he was convicted of and his wife believes he is innocent.
She was particularly struggling to care for her youngest child, who had been diagnosed with autism, which tipped the balance in his favor, according to the judge who presided over the appeal against deportation.
The Home Secretary won an appeal against the decision, in part because the stepdaughter's interests were not taken into account in the independent social care report that was crucial to allowing the original appeal.
It also appeared that the MD did not consider the potential risks to his own children. A new hearing is scheduled for this month.
The Home Office has been contacted for comment.
Sources 2/ https://www.telegraph.co.uk/news/2024/11/17/paedophile-echr-asylum-seeker-deported-glasgow-scotland/ The mention sources can contact us to remove/changing this article |
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