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Daily Mail
December 20, 2013
Aso Mohammed Ibrahim, an Iraqi, left Amy Houston, 12, to die under the wheels of his car and fled the scene following the accident. the illegal immigrant was allowed to stay because he had fathered two children in Britain which judges ruled gave him a right to a ‘family life’.
Rocky Gurung, from Nepal, killed the son of a Gurkha war hero by throwing him into the Thames on a drunken night out. The lout has no children in the UK but judges said that , because his parents are here, he has a ‘family’ right to stay under Article 8 of the Human Rights Act.
A Somali criminal with a history of violence has been allowed to walk free today after a High Court judge ruled detaining him longer would breach his human rights.
Abdi Ismail, 33, has been convicted of a string of crimes since arriving in Britain in 1993, including racially aggravated threatening behaviour and assault on police.
In 2011, he was sentenced to a 15-month jail term for assault and told he would be deported after attacking a friend with a knife.
But a High Court judge ruled today that the criminal had been detained for too long and ordered his release. A deportation hearing is expected to be held at a later date.
Home Office ‘incompetence’ was listed among the reasons behind the decision.
It is understood that Ismail is also planning to sue Britain over his treatment using Article 5 of the European Convention on Human Rights.
Mrs Justice Lang said the Somali, who has two children, had to be freed due to Home Office “incompetence” and a poor standard of investigation by the UK Border Agency.
The Home Office’s lack of ‘due diligence’ had prolonged his detention unreasonably, the judge added.
Ismail was detained for a total of 18 months and was held pending deportation following a conviction for assault.
Under the 2007 Borders Act, those from outside the EU sentenced to at least a year in jail should face automatic deportation to their home country.
A bid by Theresa May, the Home Secretary, to continue to detain him further failed.
The 33 year-old arrived in the United Kingdom in 1993 after members of his family fled to escape civil war in Somalia.
