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A man from Zimbabwe, known only as RC, was convicted in 2018 for sexually abusing children and was sentenced to five years and three months in prison. He was also found guilty of distributing and possessing indecent images of children.
Despite his crimes, an immigration tribunal judge in Britain has ruled that he cannot be deported back to Zimbabwe. The judge, Sarah Pinder, decided that sending him back would violate his human rights under Article 3 of the European Convention on Human Rights, which protects individuals from inhumane treatment.
RC came to Britain in 2007 when he was 16 years old, along with his mother, who is a British citizen. He was granted permission to stay in the UK indefinitely. However, after his conviction in 2018, the Home Office ordered his deportation in 2021. RC challenged this decision, arguing that as an openly gay man and a convicted sex offender, he would face significant hostility and mistreatment in Zimbabwe. His lawyers also highlighted his multiple health conditions, including autism, ADHD, PTSD, depression, and deafness, which they claimed would make him more vulnerable to persecution.
Judge Pinder agreed with RC’s arguments, stating that his disabilities, his perceived sexual orientation, and his criminal record would likely lead to substantial hostility from Zimbabwean authorities. She also noted that his disabilities would make it difficult for him to handle or reduce the hostility he might face. Additionally, the judge believed that RC would likely reveal his criminal convictions to authorities in Zimbabwe because he might not fully understand the seriousness of his actions.
The decision has sparked controversy, with critics arguing that it prioritizes the rights of a convicted criminal over the safety of children in the UK. Chris Philp, the shadow home secretary, strongly criticized the ruling, stating that the European Convention on Human Rights was never intended to protect dangerous criminals like RC. He expressed concern that RC could potentially harm children again if allowed to remain in the UK and called for an end to what he described as a “human rights farce.”
This is not the first time Judge Pinder has made a controversial immigration ruling. In a previous case, she allowed a Jamaican drug dealer convicted of domestic abuse to stay in the UK, citing the impact his deportation would have on his children, particularly his transgender child, who relied on him for support regarding gender identity issues.
The Home Office has stated that it is committed to ensuring that foreign nationals who commit crimes in the UK are deported as quickly as possible. A spokesperson emphasized that the government is doing everything in its power to challenge the ruling and remove RC from the country, as it is in the public interest to protect British citizens from dangerous individuals.