A Nigerian criminal who was jailed for his role in a £1 million benefits fraud is the latest foreign criminal to take advantage of the ‘family life” rules under Article 8 of the European Convention on Human Rights to avoid deportation.
The Home Office tried to deport Philip Olawale Omotunde but he won the right to stay in Britain after arguing it would breach his “right to private and family life” to separate him from his six-year-old son who was going to a school 12 miles away from where his father lived. Maybe his son should have been deported too that would have solved the problem but no one in the government had the ‘bottle’ (testicular fortitude or bollocks) to do it.
Omotunde came to Britain as a visitor in 1991, when he was 28, and overstayed his visa. The Home Office made a decision to deport him in 1996 but no action was taken. There’s a surprise, NOT.
The last Labour government granted him indefinite leave to remain under a “regularisation scheme” in 2002. They didn’t have the bollocks to deport this criminal either.
Since the decision to allow this scroat to stay, made in May this year, he has been sent to jail again for offences relating to his failure to pay a £45,000 confiscation order for his part in the benefits fraud.
Omotunde, 48, was part of an organised crime gang which stole British people’s names, dates of birth and National Insurance numbers to commit a complex web of frauds.
He had already been convicted in 2006 of working as an illegal taxi tout, and fined £100.
The fraud ring set up false addresses and bank accounts to extract hundreds of thousands of pounds per month from the HM Revenue and Customs (HMRC) tax credits system. The ring claimed tax credits for fake disabled babies aged under one.
After his conviction the Home Office served notice on Omotunde that he was liable to be deported because his son, who was born in April 2005, was young enough to adapt to life in Nigeria.
Omotunde appealed to the immigration tribunal, aka ‘bleeding hearts’.
His lawyers told the tribunal he was the “dominant carer” for his young son, who lived in Lewisham, south-east London, even though at the time the child was going to school 12 miles away in Fulham. I wonder who cares for the ‘saucepan lid’ (kid) whilst Omotunde the “dominant carer” is in prison?
He claimed the child was not being looked after by its mother, who at the time was an illegal immigrant too, but by her sister and a “team” which included two “pastors”. How come the mother hasn’t been deported either.
The tribunal refused to overturn the deportation order, but five days after their decision the not fit for purpose Home Office granted Omotunde’s son British citizenship, thus virtually clinching that Omotunde would not be deported.
He brought a new appeal to senior judges, headed by Mr Justice Blake, who ruled that the son cannot now be deported and it would be unreasonable to expect him to move to Nigeria.
Omotunde is currently serving 16 months at Verne prison on the Isle of Portland in Dorset, but when freed he will be allowed to remain in Britain indefinitely.
Omotunde and his criminal ‘china plates’ (mates) made 200 false claims using 88 web-based bank accounts during a five-month period in 2004.
He was arrested in March 2007, convicted of conspiracy to commit fraud and conspiracy to transfer criminal property at Croydon Crown Court in June 2008.
Five other defendants received jail terms of between 4½ years and 2 years, while a sixth was given a 14 month suspended sentence.