Fury as prolific paedophile can’t be deported from Scotland – to protect his rights

A foreign paedophile who abused his step-daughter and two of her cousins has been allowed to remain in Scotland – as deporting him would breach his right to a family life.

The man in his 50s, originally from central Africa, was found guilty of vile sex attacks on the three young girls.

Because of the severity of his offences, he was automatically ordered to be sent back to his homeland.

But in a case that has raised questions about the priorities of the immigration system, he has been given the right to stay in the UK and is now living freely in Scotland’s largest city.

The ruling was made despite a judge acknowledging the sex offender “continues to pose a risk”.

Incredibly, even though his victims included three members of his extended family, the deportation was blocked after he claimed his family life would suffer.

Critics hit out at the ruling, with Scottish Conservative shadow justice secretary Liam Kerr saying: “The public will be appalled that this dangerous criminal can remain in Scotland. Common sense should mean that public safety is always prioritised rather than offenders.”

The case

The man, identified only as “MD”, arrived in the UK in 2008 and claimed asylum but was initially rejected.

Using publicly-funded legal aid, he went to court to argue he should be allowed to remain. With the legal battle ongoing, he married a British woman and fathered a child, who was born in 2012. In 2014 he was given leave to remain after a judge accepted he now had a settled family life in the UK.

As well as having two other young children with his wife, MD is also step-father to his wife’s teenage daughter from a previous relationship.

In December 2020 he was convicted at Glasgow High Court of assault, sexual penetration and sexual assault on three young girls in his family, including his step-daughter – who was just nine at the time – and two of her cousins.

Sentencing him to three years in jail, the trial judge said: “You perpetrated this offence for your own sexual gratification, and had no regard to the impact your actions would have on your young victims. In addition to the potential for physical injury, the effects of this kind of abuse on children include depression, traumatic stress disorder, anxiety and a propensity towards further victimisation in adulthood.

“This is a particularly serious and appalling crime. Not only was it sexually motivated for your own gratification, but also the offences were committed on victims in whom you had instilled trust.”

Foreign nationals who commit serious criminal offences are automatically subject to deportation, and in August 2022 the Home Secretary ordered MD to be sent back to his homeland.

However the man again used legal aid to appeal the deportation order, claiming it would be “unduly harsh” for his biological children, in particular his youngest son, had been diagnosed with autism, if he were to be removed from the UK.

After hearing the appeal, an immigration judge stated MD had no legitimate claim to refugee status because of his serious criminal offence, noting: “He continues to pose a risk to a section of the community.”

However the judge ruled that sending him back to Africa would breach his rights to a family life under the European Convention on Human Rights and “negatively impact” the well-being of his children.

Ruling challenged

MD is living in Glasgow and free to see his children, even though they share a house with the step-daughter who was one of his victims.

The Home Office has confirmed it is now challenging the ruling.

Documents relating to the case show the Home Office is worried that the decision did not consider the “best interest of his victims”, having been made on the basis of a report by a social worker who spoke to the offender – but not to his step-daughter.

Concerns are also raised that the decision not to deport him was made so that he could remain with his family – “without once considering the risk that he might pose to them”.

The case comes just days after a county lines drug dealer in England avoided being deported after claiming his human rights to a family life would be breached.

The 29-year-old gang member, who was jailed for eight years for supplying drugs, also told an immigration tribunal his mental health treatment would be badly affected were he to be sent back to his homeland of Nigeria.