Congolese man who sexually attacked his family is allowed to STAY within the UK – as a result of deporting him would breach his proper to a ‘household life’

A foreign paedophile who abused his stepdaughter and two of her cousins has been allowed to stay in Scotland – because deporting him would breach his right to a family life.

The man in his 50s, originally from central Africa, was found guilty of vile sex attacks on the three young girls.

The severity of his offences meant he was to be automatically sent back to his homeland. 

But even though his victims were members of his extended family, his deportation was 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.

A foreign paedophile who abused his stepdaughter and two of her cousins has been allowed to stay in Scotland – because deporting him would breach his right to a family life

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, sexual penetration and sexual assault 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 sexually motivated for your own gratification, but also the offences were committed on victims in whom you had instilled trust.’

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

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.

A record number of asylum seekers claiming to be gay have been allowed to stay in Britain in a suspected abuse of ECHR rules.

In 2023, 2,133 asylum applications were granted on the basis of sexual orientation, a sharp rise from 762 in 2022. Extraordinarily, 49 per cent of all asylum applications from Ugandans involved a claim to being gay.

Under the ECHR, those likely to face persecution at home because of their sexuality can claim asylum in the UK. The Home Office said its ‘processes are underpinned by a robust framework of safeguards’.