Congolese man convicted of s3xually attacking his stepdaughter, others, is allowed to stay in the UK
A Congolese man who abused his stepdaughter and two of her cousins will not be deported to Scotland so as not to breach his right to family life.
The man in his 50s was found guilty of vile s3x attacks on the three young girls. He was meant to be automatically sent back to his homeland.
His deportation was, however, blocked as he claimed his family life would suffer despite a judge ruling he ‘continues to pose a risk’.
Last night Scottish Conservative justice spokesman Liam Kerr said: ‘The public will be appalled that this dangerous criminal can remain in Scotland.
‘Common sense should mean that public safety is always prioritised rather than offenders.’
The man, who cannot be named for legal reasons – was born in central Africa in the early 1970s.
Identified in official documents as ‘MD’, he arrived in the UK in 2008 and claimed asylum but was initially rejected. Using publicly funded legal aid, he went to court to argue he should be allowed to remain.
He married a British woman and fathered three children and became stepfather to his wife’s daughter from a previous marriage.
In July 2014 he was given leave to remain after a judge accepted he had a settled family life in the UK.
In December 2020 he was convicted at Glasgow High Court of assault, s3xual penetr@tion and s3xual ass@ult on three girls in his family including his stepdaughter, who was nine, and two of her cousins.
Sentencing him to three years in jail for the ‘particularly serious and appalling crime’, the judge said: ‘Not only was it s3xually motivated for your own gratification, but also the offences were committed on victims in whom you had instilled trust.’
Foreign nationals who commit serious criminal offences are automatically subject to deportation and the Home Secretary ordered MD to be sent back to his homeland in August 2022.
However, MD appealed the deportation order, claiming it would be ‘unduly harsh’ for his biological children.
A judge stated MD had no legitimate claim to refugee status but ruled that deportation would breach his rights to a family life – enshrined under the European Convention on Human Rights (ECHR) and ‘negatively impact’ the wellbeing of his children.
MD is now living freely in Glasgow and is allowed to see his biological children – even though they live with the stepdaughter.
The Home Office said it is challenging the ruling.
