Richard Ford, Home Correspondent
Download 'Too Hot', an exclusive Specials track from iTunes
A serial sex offender is to be allowed to stay in Britain because deporting him to his native Sierre Leone would breach his human right to a family life, an immigration appeal court has ruled.
The Home Office wanted to deport Mohammed Kendeh, who has been assessed as having a “high risk of reoffending”, to his home country.
But a panel of immigration judges has ruled that Kendeh should be allowed to stay in Britain because he came here at the age of six and has virtually no family in West Africa.
The case highlights the difficulty the Government has in deporting foreign criminals because of human rights laws. It follows a ruling this year to allow Italian-born Learco Chindamo, who murdered the headteacher Philip Lawrence in London, to stay in Britain because he, too, has spent most of his life here.
Kendeh, 20, who has admitted assaulting 11 women in the past five years and has committed other offences including robbery, burglary and drug crimes, is currently on remand in prison awaiting trial for robbery.
One of his victims, Gabrielle Brown, who has waived her right to anonymity, said: “I feel devastated. How is it right that somebody who has offended so seriously against defenceless women is allowed to remain in this country? It is more than possible he will rape or kill a future victim.”
The Home Office tried last year to deport Kendeh, from Peckham in southeast London, but the decision was overturned by an immigration judge and upheld on appeal by the Asylum and Immigration Tribunal.
The tribunal panel, headed by Sir Henry Hodge, agreed with the earlier ruling that Kendeh was effectively “one of us” because he had come to Britain at an early age and had only a grandparent in Sierre Leone.
The ruling disclosed that Kendeh first went to jail when he was 15 and had been “assessed as showing a high risk of reoffending”. It said that he had a “history of offending and in particular of serious sexual assault”. It added that he had pleaded guilty to six other indecent assault charges in 2003.
Kendeh, who was released to a bail hostel in Catford, South London, halfway through his sentence this year, is now in jail awaiting trial for robbery.
A spokesman for the Judicial Communications Office said that the decision by the panel was a reconsideration of a decision made by an immigration judge. The panel’s role was to reverse the judge’s decision only if that judgment contained an error in law. In this case the panel concluded as follows: “We are not convinced that the findings and conclusions of the immigration judge are either perverse or unreasonable. That is, in our view, the only basis upon which we can interfere with the decision.”
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
What gives us the right to deport people just because we can't be bothered to deal with them ourselves? The next time anybody commits a crime lets just find some distant ancestor who lived in another countru and ship them off there.
Gary Horlock, Crawley,
This is the second time in the last few days that I have read about judges who are more concerned about evil men then they are about their fellow countrymen. There is Judge Kenneth MacRae, who at Croydon Crown Court wouldn't jail a wild beast who attacked and blinded a 96-year old man. He felt prison wouldn't help the criminal Gordon. Now we have Judge Hodge who is concerned about family life. What makes him assume he is an expert on 'family life'? Do we appoint judges who are inept on purpose? Do we feel they are safer behind the bar than in industry or banking? They must have something over those in power which we don't know!
Anne Wotana Kaye, London, England
Nice.
I say it would be cruel to keep him in a civilised country where he is not free to rape, steal, rob and burgle.
He would be much more at home in his native country and it is against his human rights to keep him here.
I'll pay the flight.
Old Holborn, London,