Judge blocked paedophile’s deportation to Pakistan because he 'could be persecuted as an alcoholic'
26 March 2025, 13:24
A Pakistani national labelled a “danger to the community” for committing crimes including sexually abusing a girl under 13 and assaulting emergency workers avoided deportation because of his alcoholism, it has emerged.
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The man, who has been granted anonymity, arrived in the UK in 2010. He was arrested in 2020 for assaulting emergency care workers while “heavily intoxicated".
He was arrested again in December 2022 for sexually abusing a girl under 13.
In a First-tier Tribunal hearing in June 2024, a judge blocked his deportation on the ground that it would breach Article 3 of the European Convention of Human Rights.
This prohibits "in absolute terms, torture, inhuman or degrading treatment or punishment, irrespective of the victim's conduct."
“Sufficient evidence to show the lower standard, that the appellant would face inhuman or degrading treatment on return to Pakistan as a result of a highly likely criminal prosecution and imprisonment for his uncontrollable alcohol consumption.
“As such, returning to Pakistan would breach the U.K.’s obligations under Article 3 of the ECHR,” the judge told the tribunal said.
Read more: Migrant avoids deportation after claiming people smuggler threw away his ID and phone
The Home Office has since appealed the decision, arguing the judge made errors in assuming he would be thrown behind bars for drinking in Pakistan.
"The decision of the First-tier Tribunal involved the making of an error on a point of law; the decision is set aside. The appeal is remitted to the FtT for a hearing,” an update published by the Home Office said.
An Upper Tribunal ruled: “Given that there are likely to be Muslims in Pakistan who drink and possess alcohol, the assertion that all will be arrested, prosecuted and indeed receive imprisonment is not evidenced.
The case has now moved back to the First-tier Tribunal, where a fresh hearing will determine whether he will be deported and at what date.
This comes amid a string of cases where migrants have avoided deportation under European human rights law.
Last week, an Albanian criminal was allowed to remain in the UK after a judge ruled that long-distance Zoom calls would be ‘too harsh’ on his stepson.Dritan Mazreku, 29, took on a ‘paternal role’ for his son, 15, when he entered a relationship with the boys mother 10 years ago, a tribunal heard.
He was later jailed and faced deportation, but a judge ruled he could remain in the country because it would be ‘unduly harsh’ on his stepson if he was removed, the Telegraph reports.
The judge said that “modern means” of communication were “no substitute” for physical presence and visiting Albania regularly would be ‘unmanageable’.
Home Secretary Yvette Cooper argued against the decision and said that he could continue to support his stepson from Albania, but this was dismissed and he was allowed to stay in the UK.
In February, a criminal avoided deportation because his son didn’t like foreign chicken nuggets.
