Former Lancastrian

Yes I read the Daily Mail online as well as several other UK rags
I came across this story and just shook my head wondering how has the British Justice system become a laughing stock to some of the populace.
http://www.dailymail.co.uk/news/arti...mily-life.html

I wasn't going to post anything about this as I thought the Canadian system wasnt as bad until I read this CBC story
http://www.cbc.ca/news/canada/story/...e-verdict.html

Chances are this individual will lodge an appeal re his refugee status gained by fraud and submit an application based on Human & Compassionate grounds and have another judge rule in his favour.

Seriously I sometimes wonder why we bother
Also, in the course of the trial, Mungwarere admitted to providing false information on his immigration papers when seeking asylum in Canada — a fact that could put his current refugee status at risk.

Almost Canadian

As I have stated before, I suspect the media is excluding vital information. One doesn't obtain "exceptional leave to remain" easily.

Former Lancastrian

Perhaps the obtaining exceptional leave might be due to if they sent them back to those countries they might be killed. Canada has an agreement not to remove persons to the following countries regardless of how bad their crimes might be unless we get an agreement from another country to accept them
The Five countries currently under a TSR are Afghanistan (1994), the Democratic Republic of Congo (1997), Haiti (2004), Iraq (2003) and Zimbabwe (2002).

Almost Canadian

So, if the position is the same in the UK, does the judgment really surprise you?

Former Lancastrian

There lies the question though not answered is does the UK have a Temporary Suspension of Removal to the DCR (Congo). His case was determined on Human Rights legislation not TSR legislation.
The right to 'Family life' under Article 8 of the European Convention on Human Rights is enshrined in British law in the Human Rights Act and argues that everyone has the right to respect for his private and family life, his home and his correspondence.

Best part about this he is not married and has no children.
The judge said: 'The consequence of his removal to the DRC would amount to a splitting of the family unit.'
'I find that removing him to the DRC has echoes of ‘exile’ rather than exclusion and it is unlikely to be proportionate.'
The ruling means Kinsasi will be able to remain here indefinitely.

Judging by those statements it appears the UK could remove him to the DRC as they don't have a TSR in place.

bats

Hm. The UK case decision was based on him having spent 12 years of his 22 years in England, that it was his only offence to which he admitted guilt. Previous good character, going to college and then possibly uni. He lives in England with his mother, 3 brothers and one sister. Has always lived legally in the UK. Only has extended family in DRC.

The Canadian decision was based on the case not bring proven, doubt.

Former Lancastrian

In the Canadian decision it was a judge without a jury who made the decision.
I find it very strange a judge would say he is probably guilty as opposed to finding him not guilty and leaving it at that without the probably guilty quote.

Regardless of the time spent in the UK his sentencing and time in jail allows the Govt to have him deported because of the offence. He is an adult. If not a UK citizen then can be deported and this guy was not a UK citizen.
This is why PRs should get Canadian citizenship as if they receive a 6 month jail sentence if convicted in Canada then they can also be deported regardless of how long they have been here. There was a case a few years ago where a PR was deported back to Scotland even though he had been living here legally for 27 years.

bats

Which bit don't you understand?

caretaker

The government has been doing this forever. They let in x number of Chileans and x number of secret police get in with them so it isn't too easy for them. We let in Nicaraguan and El Salvadorian refugees and they re-settle a bunch of Contra murderers at the same time on the Prairies where they think nobody will see. Just because this Rawandan genocide artist got in under false pretenses is no reason to deport him. Give him a nice house and allowance then let the world know his address so every wackjob that wants to can have a shot at him. At the end of WW2 when the SS was declared an illegal organisation hundreds of SS officers still managed to come to Canada, as well as a bunch from the Ukrainian and Hungarian and Croatian SS units. That's how we ended up trying to deport sick 95 year old Nazi death camp guards that never should of been allowed to leave Europe. If this fellow has to stay, and we're footing the bill, put his address in the paper and let the Rawandans sort it out. I can be tough before I've had my second cup of coffee in the morning.