An Iraqi drug dealer who claimed his life would be in danger at home because of his ‘Western’ tattoos has been granted a ‘human right’ to stay in Britain.
In the latest outrage under Labour’s Human Rights Act, Hesham Mohammed Ali won a tribunal appeal against moves to kick him out.
The 36-year-old former wrestling promoter based his case on his tattoos and the fact he is in a ‘genuine’ relationship with a British woman – despite having two children by different women with whom he now has no contact.
The court went to great lengths to consider the issue of Ali’s tattoos, which include an image of a half-naked Western woman on his chest.
Ali said people with tattoos in Iraq ‘get stoned or harmed’. Judge Jonathan Perkins described the issue as ‘problematic’.
He asked whether Ali had considered having the tattoos removed and heard evidence from an expert witness on whether Iraqi people were victimised for having body art.
However, the fact which ultimately swung the case in favour of the convict was Ali’s right to a ‘family life’, under Article 8 of human rights legislation.
Judge Perkins said he was not convinced the tattoos would prompt anything more than ‘curiosity’ in Iraq, but added that he was impressed by evidence from Ali’s British fiancee, Cy Harwood, 31, who met the criminal in 2005.
The judge ruled that Ali’s deportation would have a damaging effect on her and would be a breach of the couple’s rights. Ali has his fiancee’s name, surrounded by stars, tattooed on his hand.
His family life was protected despite the fact he never sees two children he fathered in the UK. He had a child with an Irish woman and then another son with a woman from Liverpool, but has no contact with either child, the Upper Tribunal Immigration and Asylum Chamber was told.
The verdict renewed demands for the Government to end the rampant abuse of Article 8 of the European Convention on Human Rights, which is enshrined in UK law by Labour’s Human Rights Act.
Home Secretary Theresa May has vowed to change the law, but no legislation has yet been unveiled.
Tory MP Dominic Raab said: ‘It is bad enough a convicted drug dealer cheating deportation because he has a girlfriend. But it’s even worse that our elastic human rights laws consume government time and money fighting such ludicrous claims.
Victory: Hesham Mohammed Ali (left), 36, won an appeal against Home Secretary Theresa May (right) who wanted to deport him to his native Iraq by successfully arguing that this would breach his right to a family life
‘The shifting human rights goal posts have encouraged a “try it on” culture at taxpayers’ expense.’
Fellow backbencher Priti Patel said: ‘The right to family life has been completely abused in this case. It’s clear this individual has no regard for proper family life and the upbringing of his children, as he has no relationship with either of the mothers, let alone either of his children themselves.’
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Ali was brought to Britain ‘irregularly’ by a people-smuggling gang in 2000 and has never been in this country legally. He made an asylum claim which was refused.
In November 2005 he was convicted of possessing Class A and Class C drugs, and fined. A year later he was convicted of possessing Class A drugs with intent to supply – and jailed for four years.
Decision: Ali told Judge Jonathan Perkins (pictured) he had a 'genuine' relationship with his British beautician girlfriend Cy Harwood, 31, and that his life would be in danger in Iraq because he was covered in tattoos
The length of his sentence sparked immediate deportation proceedings but Ali appealed, on the grounds he was so Westernised that his life would be in danger in Iraq.
'Foreigners who commit serious crimes should be deported, regardless of whether they have family in the UK'
Home Office spokesman
The case went to two hearings, with Alan George, a specialist on Iraq who appeared for Ali, telling the court of the risks his tattoos could pose.
Mr George said he was not aware of any examples of Muslims being persecuted because of their tattoos, but added that ‘tattoos would be considered un-Islamic and a tattoo of a semi-naked woman particularly objectionable’.
Figures released to Parliament show that 1,230 offenders have overturned their deportation since 2008, including three child rapists, three murderers, 13 rapists and a terrorist. More than 85 per cent of them claimed deportation would breach their right to a family life.