A paedophile convicted of sexually assaulting his stepdaughter has been allowed to remain in the UK as deporting him would breach his right to a “family life”.
The man, who is in his early 50s and is from the Democratic Republic of Congo, was jailed for three years in 2020 for “appalling” offences including sexual penetration and sexual assault against his stepdaughter and two other young girls in the family.
Because of the severity of his offences, he was ordered to be deported back to his African homeland.
However, he successfully appealed against the sanction, with an immigration judge ruling deportation would “negatively impact” the “wellbeing” of his wife and three biological children, whom the sexual offences were not committed against.
The decision was made despite the tribunal accepting that the man “continues to pose a risk to the community, in particular children”.
It would mean he would rejoin the household, including the stepdaughter he was convicted of assaulting.
In a ruling published last month, the Home Office won the right to a new hearing in which it will seek to deport the man, who lives in the Glasgow area, and is referred to in legal papers only as MD.
He cannot be named to protect the identity of the children.
Liam Kerr, justice spokesman for the Scottish Tories, said: “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.”
Asylum claim
MD arrived in the UK in 2008 and claimed asylum. The asylum bid was rejected, but he was granted leave to remain in Britain in 2014 as by that point he had married and fathered a child, and it was ruled deportation would breach his right to “family life”.
He had two further children, born in 2016 and 2018. A deportation order was issued in 2022, following his conviction for sexual offences against his stepdaughter and two of her cousins.
Sentencing him to three years in jail for a “particularly serious and appalling crime”, the judge said the evidence indicated MD had committed the attacks for his “own sexual gratification”.
The judge said he had “no regard” for his young victims, who faced the potential of a “lifelong legacy of psychological harm”.
However, the deportation order was quashed after MD appealed, winning on the grounds that it would have been 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 Britain to leave the ECHR, due to claims that it leaves ministers powerless to deport failed asylum seekers and dangerous criminals.
The judge ruled that should MD be removed from the UK, his wife would lose “all emotional support” the paedophile was able to provide to her, which would “negatively impact” their children’s wellbeing.
MD continues to deny the crimes he was convicted of and his wife believes he is innocent.
She had been struggling particularly to care for their youngest child, who has a diagnosis of autism, with this “tipping the balance” in his favour, according to the judge who presided over his appeal against deportation.
The Home Secretary won an appeal against the ruling, in part because the interests of the stepdaughter had not been considered in an independent social work report that was crucial to allowing the original appeal.
It was also found that the potential risk MD might pose to his own children had not been taken into account. A new hearing is expected to take place this month.
The Home Office has been approached for comment.
