A judge has attacked a Home Office failure to correctly administer a Zimbabwean nationals detention. The case, described as scandalous by the judge, may result in the failed asylum seeker receiving damages amounting to thousands of pounds due the handling of the case by the Home Office. The breach of the foreign national’s human rights was clear.
Attacking the inabilty of the Home Office to comply with the law, the judge found the handling of the case of the failed asylum seeker, who is also a convicted sex offender, deeply disturbing.
The comments, referring to the handling of the case as profoundly shocking, come at a bad time for the Secretary of State, who is battling to raise the profile of the Home Office. The Home Office failed to follow their own policy and procedures with respect of the review of the failed asylum seekers case.
Reviews that should have been carried out monthly were missed, leading to the foreign national being detained illegally for extended periods of time.
The Home Office pushed through a review, allowing them to continue to hold the national lawfully since Monday. Although the foreign national had been held prior to Monday, the most recent lawful review took place last October.
The foreign national, who arrived in the United Kingdom in 2002 on a visitor visa, has been detained by the Home Office for almost two years. Subsequent to the Visitor visa, the Zimbabwean national also held a Student visa, which expired in April 2004.
In January 2006, he was jailed for 12 months and registered a a sex offender, as a result of sexual assult and common assult charges.
On expiry of his sentence, a deportation order was made against him, as an unlawful overstayer. He was detained ahead of his deportation, to prevent him from absconding.
During his detention, he was entitled to 22 monthly reviews, however, the Home Office only completed 10 reviews.
Although a convicted sex offender, and a failed asylum seeker, the Zimbabwean national still had a right to the protection of UK law.
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