A Somali rapist who poses a “high risk” to children and adults in Britain has overturned a bid to deport him because he could face ill-treatment if returned to his homeland.
The 31-year-old sex offender served a five year sentence for two counts of rape and was ordered to sign the sex offenders register for the rest of his life.
But an immigration court has allowed him to stay in Britain indefinitely because he could face torture or inhuman and degrading treatment if deported, possibly by the Islamist group al-Shabaab, in breach of Labour’s Human Rights Act.
Mogadishu's Lido beach
The rapist was granted anonymity by the immigration court and can only be identified by the initials AAS, even though his name was public at the time of his criminal trial.
The Home Office believes AAS presents a “high risk of harm to children and adults in the community” following the 2008 rapes.
Officials issued AAS with a deportation order in September 2011, the month before he was freed from custody.
He appealed against deportation but lost his case in the lower tribunal, and then brought a further appeal, which was vigorously disputed by the Home Office.
AAS claimed he came to Britain along with family members in 1995 – although the Home Office disputed that date – and he was granted indefinite leave to remain in 2003.
Blackfriars Crown Court in London, where AAS was jailed for five years on two counts of rape in 2009
The immigration court heard that while he was in prison AAS started to show symptoms of post-traumatic stress disorder “related to traumatic events witnessed during the war in Somalia”.
He received counselling and was placed on anti-depressants. He received “trauma focused” psychological care after being released from jail.
“The appellant reported feeling stressed about his court case and the possibility of his being deported,” according to the ruling of the Upper Tribunal Immigration and Asylum Chamber.
“The appellant spoke of mood swings and particularly insomnia and nightmares which he attributed to the war.”
According to doctors’ reports AAS suffers from a major depressive disorder.
His condition would deteriorate if he was deported to Somalia because it would be harder to obtain medical care, the court heard.
“The view of the doctor quoting various reports from the World Health Organisation is that there would be insufficient facilities to treat the appellant in Mogadishu,” the ruling said.
The Home Office disputed his claims of mental health problems.
There had been “no indication prior to 2009” that he had any problems, Home Office legal officers said.
They added: “His anxiety to resist removal … is the underlying factor of his mental health difficulties.”
Upper Tribunal Peter Judge said AAS’s “severe depression and mental difficulties will as a matter of commonsense materially affect his ability to function as an individual” if he was returned.
He would most likely end up in a refugee camp and be unable to support himself, the judge said.
“In the light of such matters therefore the appeal is allowed on the basis that if returned there is a real risk that the appellant would suffer harm such as to engage Article 3 of the European Convention on Human Rights,” the judge said.
“In those circumstances his appeal on that issue alone is allowed.”
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