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07-Feb-2017 06:20

Last week, however, with the help of the country’s top human rights lawyers and relying on legal aid, he successfully sued the Government for “unreasonable administrative delay”, which had led to him being detained unnecessarily for eight months.

The level of the damages that he will be awarded is currently being decided.

He said that his father was an arable farmer; but men from his tribe usually farm cattle.

He claimed to be from an interior part of Sudan; but his tribe is normally found in the border region.

And his backstory, which involved his family home being burned down, as well as his account of his journey to Britain and how it had been financed, was full of holes. He was, however, allowed discretionary leave to remain until his 18th birthday; under-18s cannot be deported alone.

Turning 18, therefore, should have been the end of the story. And the manner in which it unfolded reveals the dysfunctional nature of many aspects of the British immigration system.

According to court documents, the entire case turned on whether or not he was genuinely a member of the Zaghawa tribe from Darfur.He had a sexual relationship with her for two months.Judge Martin Joy, as he sentenced them, paid particular attention to the way that the gang, all of whom had come from Sudan claiming asylum, did everything they could to delay and obfuscate court proceedings.He was at risk of those, lawyers said, if he were sent back to his native land, and that would breach human rights law.

Once again, therefore, it was the British Government versus the European Convention on Human Rights, as enshrined in domestic law by Labour’s Human Rights Act in 1997. To protect the public and to prevent him from absconding, Saleh was detained at Harmondsworth Immigration Removal Centre at Heathrow, at a cost to the taxpayer of more than £40,000 per year.

In May 2007, 19 year-old Saleh — whose asylum case was now under review as part of the UK Border Agency “legacy” scheme, set up to deal with a massive backlog of cases — was arrested.



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