Somalian double rapist, 49, can stay in UK after winning deportation battle on human rights grounds - as judge says he will face 'degrading' treatment in home nation due to his mental health

  • 'High risk,' Somalian double rapist and convicted robber allowed to stay in UK
  • The 49-year-old claimed asylum in the UK in 2004 and remains anonymous
  • Home Office sought to deport him after he accrued eight convictions in six years

A Somalian double rapist has been allowed to stay in the UK on human rights grounds after a judge said he would face 'degrading' treatment in his home country due to his mental health.

The 49-year-old arrived in Britain in 2004 and claimed asylum, but the Home Office sought to deport him after he amassed eight convictions in the space of six years.

Robbery, trying to pervert the course of justice, and raping two different women were among his offences.  

He used a knife during one rape and had been jailed for more than seven years before being in immigration detention. 

A tribunal has heard he was 'aggressive and unacceptable,' while detained in prison.

An unnamed Somalian asylum seeker has been allowed to stay in the UK over concerns for his mental health, despite committing two rape offences and behaving in an 'aggressive and unacceptable,' manor while detained at HMP Stafford (pictured)

An unnamed Somalian asylum seeker has been allowed to stay in the UK over concerns for his mental health, despite committing two rape offences and behaving in an 'aggressive and unacceptable,' manor while detained at HMP Stafford (pictured)

But concerns over the quality of mental health provisions in Somalia mean he will be able to stay in the UK.

An immigration tribunal judgment heard: 'While at HMP Stafford he was not able always to behave appropriately. 

'On several occasions after January 2017 he was placed in segregation, his attitude and behaviour being aggressive and unacceptable.'

He was assessed as posing a 'high risk of serious harm' to the public.

But the man had been diagnosed with long-standing mental health issues which had improved with medication and counselling in custody. 

An immigration judge accepted mental healthcare was 'extremely poor' in Somalia 'and that those with mental health issues, particularly those who are aggressive, were often stigmatised, considered 'possessed', and subjected to inhuman and degrading treatment within both society and families, including stoning and chaining.'

An Upper Tribunal judge has now upheld the decision of a first-tier immigration judge. 

Rejecting a Home Office appeal, Judge Judith Gleeson said: 'The making of the previous decision involved the making of no error on a point of law.'

Last month protesters who stormed Stansted Airport to ground a flight deporting 25 criminals to Africa saw their convictions overturned.

Court of Appeal judges overruled the so-called 'Stansted 15,' convictions, stating they were wrongly charged as terrorists. 

The group cut through the Essex airport's perimeter fence in March 2017 and took smiling selfies as they locked themselves together around a Boeing 767 jet chartered by the Home Office to transport people from UK detention centres for repatriation.

Thousands were delayed as airport security and police needed more than an hour to remove them before they were arrested.

Flights to Stansted  had to be diverted including arrivals from Ibiza, Warsaw, Belfast, Bilbao, Murcia, Dublin and Berlin. 

60 people were taken off the repatriation flight heading to Ghana, Nigeria and Sierra Leone, including 25 criminals who had been imprisoned in the UK for offences including murder, child rape and grievous bodily harm.

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