Zim criminal escapes UK deportation

LONDON - A Judge has ruled a Zimbabwean national who was jailed for five-and-a-half years after he scarred a woman for life cannot be deported because it would breach his human rights.

Drug dealer Valentine Harverye burned his 34-year-old victim with a melted cider bottle and scalded her with boiling water.

He was said to have assaulted her in front of five or six people at her home in 2009.

An attempt to deport Harveyre, made by the Home Office, has now been defeated after he appealed against the move.

Upper Tribunal Judge Christopher Hanson said deporting the 22-year-old could breach his human rights as would not be able to demonstrate loyalty to Robert Mugabe’s party and so may face “ill-treatment”, The Telegraph has reported.

The paper reported the move would have breached Article 3 of the European Convention of Human Rights.
A Home Office spokesperson said: “We are disappointed by the Tribunal’s decision as we firmly believe that foreign nationals who break the law should be deported.

“We are examining the detail of this ruling before we decide whether to appeal.”

Harverye was first convicted for common assault in 2004.

He went on to commit a further 12 offences, including the assault which left a woman scarred in 2009.
He was jailed for the offence at Nottingham Crown Court.

Conservative MP Priti Patel told the paper: “This is a shocking case and a dreadful example of how the courts have once again disregarded the rights of the victim over the rights of an appalling criminal.”

Last week it was revealed the number of foreign criminals who had avoided deportation because it would “breach their human rights” had almost doubled in a year.

Almost 300 offenders used Article 8 of the European Convention on Human Rights to argue their right to stay in the country last year.

Statistics from the Home Office showed that 299 “foreign national offenders won appeals” last year - up from 177 the year before, the Sun reported.

Article 8 protects the right to private and family life.

A week earlier MailOnline revealed Sanel Sahbaz, a foreign criminal jailed for a series of violent attacks, had successfully argued against deportation because it would violate his human rights.

Sahbaz, a Bosnian who now lives in Hertford, came to Britain as a child in 1993.

Since 2005 he has committed a string of offences including common assault, handling stolen goods, theft, public order offences and assaulting police.

In one incident he attacked his landlord, pushing him to the floor, repeatedly kicking him and stamping on his head until the man fell unconscious.

Sahbaz, 30, qualified for automatic deportation after he was jailed for four years, and the Home Office told him he would be sent home.

But he has now been told he can stay indefinitely after he brought a legal challenge under Article 8.

His lawyers argued that if he was sent back to Bosnia it would separate him from his parents, brother and cousin, who are also in Britain, which would breach his rights.

In February Home Secretary Theresa May announced plans to pass a new law demanding that Article 8 of the Act should no longer be a bar to deportation.

Comments (2)

This man was jailed for five and a half years and has paid back to society. Deporting him definitely infringe on his human rights. Why should he be sent back to Zimbabwe? Akapika akapedza mutongo wake. Well done judge. If only Zimbabwean courts can take a leaf from judges, they interpret the law and not work according to the prejudices of Theresa May.

Mavara Azarevhu - 9 September 2013

ADVICE: Do something for yourself, for your family. Don't waste your time talking politics while others are making money without politics. See how this Zimbabwean poor woman became a millionaire just by buying and selling accident cars, Very interesting. Go to (USED.CO) not dot com, to see the methods and companies she was using to do it (USED.CO) not dot com, it is a very simple idea but a very powerful One, Wake up Africans

Vada - 10 September 2013

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