A chef from Bangladesh is combating deportation from the UK after he used to be wrongfully labelled a intercourse culprit.
Saiful Islam, 44, moved to the UK in January 2003 to work in a restaurant.
But his recordsdata had been later mixed up with these of three varied participants, ensuing in prison convictions being wrongly linked to his title.
The Home Place of business has apologised to Mr Islam, who lives in Cardiff, for the combination-up – but he used to be soundless denied perfect to remain in December 2019.
Primarily based completely on a judicial overview judgment, errors by the Home Place of business did now not have an effect on the decision to reject Mr Islam’s application to preserve within the UK, which used to be in step with a 2008 application being refused as he did now not beget a work permit.
Along with wrongly attaching prison convictions to his title, the errors integrated destroying piece of his file and withholding it in a earlier court case, and never providing relevant pages of his passport which proved he had entered the nation legally – which Mr Islam maintains are the reasons he did now not beget a permit in 2008.
Mediate Jackson ruled there had been “a host of errors” and “ancient injustice” within the handling of Mr Islam’s functions over a host of years, but paperwork “did now not enhance” Mr Islam’s explain that these right this moment led to his snort “nor used to be there any affirmation that he used to be soundless required in a squawk employment”.
Mr Islam talked about he planned to fight the decision. The subject has to this level alive to 18 court circumstances and a mountainous quantity of correspondence with the Home Place of business.
Whereas the Home Place of business talked about it will perhaps perhaps perhaps additionally now not commentary on ongoing precise court cases, it has confirmed to Mr Islam that three varied profiles had been mistakenly linked to his beget.
It talked about all indefinite breeze away functions are plot to be on their individual merits in step with the immigration principles and when anyone has no breeze away to remain within the UK, they are expected to leave voluntarily.
If they create now not, their departure will be enforced.
Mr Islam has spent 16 years combating to remain within the UK and, after a battle to manufacture his file through the Data Commissioner, he chanced on the errors and obtained a full apology in 2019.
‘Innocence and braveness’
Mr Islam, who has no convictions, talked about: “The Home Place of business has now not handled me like a human being – they beget got handled me like a prison.
“I even beget lost so many years, my health and cash.”
He talked about he had suffered despair as a outcomes of his bother.
The distress with Mr Islam’s perfect to remain started in 2005 when he raised considerations about working circumstances alongside with his then employers, alerting the police and the Home Place of business. His permit used to be curtailed that year but he used to be now not served with any notification.
But Mediate Jackson ruled: “The ancient injustice could perhaps additionally now not beget had a arena cloth affect on the live outcomes of the squawk decision beneath snort.”
Fizza Qureshi, chief govt of Migrants’ Rights Community, talked about: “If Saiful had now not persevered alongside with his case for nearly about 16 years, he haven’t got identified that the Home Place of business had mixed up his file and wrongly labelled him a prison.
“Alongside the Home Place of business’s errors, they beget got additionally did now not reward Saiful’s actions of reporting an exploitative employer. As a change they beget got chosen to penalise him by pursuing his elimination, despite his innocence and braveness.”