Ex-con migrant who raped teen wasn’t deported to respect his ‘proper to household life’

Gift Oladele successfully appealed his deportation order under Article 8 human rights law after a false imprisonment conviction, then went on to rape a 19-year-old woman in North Wales

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A migrant who raped a teenager had previously been jailed for a “sexually motivated attack” but avoided deportation to “protect his right to a family life”. Nigerian national Gift Oladele, 24, was convicted last week of raping a 19‐year‐old woman in woodland near Wrexham last September.

This week, North Wales Live disclosed that Oladele was sentenced in December 2022 to two years behind bars for falsely imprisoning a woman in Manchester who feared she would be sexually assaulted in broad daylight.

The Home Office issued his deportation order in 2023 but North Wales Live can now disclose how Oladele successfully challenged that directive, enabling him to go on to rape a North Wales teenager.

In the 2022 case, Judge Conrad KC told him he possessed “inappropriate attitudes towards women with a sense of entitlement”. He stated: “There is ample material here for me to find that you are a dangerous offender.” He continued: “I regard you, having seen you give evidence, as a young man who is clever, devious and manipulative.”

The Home Office issued his deportation order on January 10, 2023. But Oladele lodged submissions arguing it violated his human rights whilst the Home Office upheld its deportation decision.

Oladele lodged an appeal on June 24, 2023 with the Asylum and Immigration Tribunal. Based on the case documentation and ruling from that hearing disclosed to North Wales Live, the tribunal found in Oladele’s favour and determined the Home Office’s refusal to withdraw the deportation order constituted a “breach of the Appellant’s protected rights”.

This fell under Article 8 of the European Convention on Human Rights, which safeguards the right to respect for private and family life.

In September last year the predator dragged a 19-year-old woman into woodland as she made her way home from an evening out in Wrexham, before brutally raping her. Following the harrowing attack he told her “this will teach you a lesson not to trust strangers”. He was found guilty last Friday and warned he faces a substantial prison sentence.

The Home Office described this as an “absolutely horrific case” and confirmed the defendant had successfully challenged a deportation order following the initial offence to remove him from the country.

That asylum tribunal learned Oladele was a Nigerian citizen but had been born in Italy. He came to the UK with his mother aged 11 with entry clearance until 2014 but it is understood he subsequently resided illegally in the UK until February 2018.

He later secured a “residence card” which was set to expire in 2024. On 21 November 2022 the appellant was found guilty of false imprisonment for the Manchester attack and in December that year given a two-year prison sentence. Due to his offence his removal was mandated under the UK Borders Act 2007. The migrant put forward arguments regarding his right to a “private life” but the Home Office determined this was not sufficiently persuasive to override the public interest in removal.

However, Oladele subsequently lodged an appeal with the asylum tribunal. He contended that he has family ties in the UK with his partner and a private life and that he would encounter insurmountable barriers if removed to Nigeria.

A hearing was held on December 15 2023 before Tribunal Judge James A Simpson with Oladele as appellant and the respondent named as UK Secretary of State for the Home Department, who at that time was James Cleverly. There was no representation from the Home Office but the judge continued with the case, stating there had been no request for an adjournment and the court had not provided a reason for non-attendance of a representative. The judge noted the respondent had outlined its stance in the decision letter and respondent’s review.

Oladele declared that since his release he had been “working my butt off”. He stated he had refocused on avoiding drugs, rehabilitating himself and working simultaneously. He mentioned he had been in a relationship with a woman for two years. His partner from the Congo – who possessed indefinite leave to remain in the UK – informed the court she would not relocate with him if he was removed to Nigeria. His mother confirmed that her son has never visited Nigeria, knows nobody in the country and that all of her relatives are in the United Kingdom.

Under the Borders Act, a person faces automatic deportation when they satisfy the legal definition of “foreign criminal” – meaning they are not a British citizen and have been convicted in the UK of an offence resulting in a custodial sentence of 12 months or more.

The Home Office argued that the appellant is not socially and culturally integrated in the United Kingdom based on his commission of the index offence. They claimed he possessed understanding of life in Nigeria because he had been raised in a Nigerian household.

The judge said he determined the “opposite to be the case” as Oladele had attended school and college in the UK.

He continued: “I find that the only thing that distinguishes him from any other resident of Manchester is his precarious immigration status and the fact that he has been found guilty of a serious criminal offence.” He added: “I find that he is socially and culturally integrated.”

The appellant contended that should he be deported, the impact on his girlfriend would be unduly harsh.

The judge ruled that neither of these arguments constituted sufficient exceptions to override deportation. The tribunal then weighed up whether there were “very compelling circumstances” under Article 8 of the European Convention of Human Rights that were substantial enough to override the strong public interest in the deportation.

The judge stated that the offence of false imprisonment is a grave crime and the extended custodial sentence reflects the severity of the offence – alongside the remarks made by the sentencing judge.

A letter from a probation officer – dated October 27 2023 – to the tribunal confirmed that Oladele had participated with services and was presently assessed as posing a low risk of reoffending. They noted: “It is respectfully stated at this present time that there are no ongoing concerns in relation to Mr Oladele.”

Judge Simpson said he was obliged to weigh the public interest in maintaining the order against the interference with the Appellant’s family and private life rights.

The judge determined: “Weighing everything, I find that the matter is finely balanced. The offence that the Appellant committed was very serious and I find that there is a strong public interest in deporting and excluding foreign criminals, especially one who has committed a frightening and public assault.

“However I have found that the factors on the Appellant’s side of the balance sheet, in particular the fact that he would be a complete outsider should he relocate to Nigeria with attendant risks, that he has a developed private life having grown up in the United Kingdom and that he has engaged positively in a process of rehabilitation and that this has had the impact of reducing the risk of reoffending, are just sufficiently compelling to outweigh those on the Respondent’s side.”

The judge determined that the “continuation of the deportation order is not proportionate under Article 8 ECHR.” They stated the Home Office’s refusal to revoke the deportation order and reject his human rights claim had resulted in a violation of the Appellant’s protected rights.

A Home Office spokesman said: “This is an absolutely horrific case, and our thoughts are with the victim of this heinous criminal.

“Foreign nationals who commit crimes should be in zero doubt that we will aim to remove them from the UK at the earliest opportunity.

“The Home Secretary has announced sweeping reforms to tackle illegal migration, which will make the UK less attractive for illegal migrants and make it easier to remove them.”

Oladele is due to be sentenced for the rape next month.