Prolific Somali Thief Sues over Length of Detention

More legal madness courtesy of the British taxpayer:

A 'prolific' Somalian thief was on the brink of freedom yesterday and could claim damages against the Government because his detention was a breach of human rights.

A judge ruled the man, referred to as MM, had been held for too long awaiting deportation to his war-torn homeland.

Mr Justice Charles estimated it was unlikely MM - whose offences included theft, shoplifting, disorderly behaviour, possession of heroin and common assault --could be deported for at least another 18 months.

Immigration law states detainees can only be held if there is a realistic prospect of removal within a reasonable time.

There have already been payouts in similar cases, and more challenges are pending before the High Court.

Home Office immigration authorities opposed MM's release on the grounds that the 26-yearold had been a prolific offender, and there was a danger of him reoffending or absconding.

But the judge, sitting at the High Court, ruled MM, father of two young sons, had served his time.

He said the continuing detention, which stands at 22 months, had become unlawful. He ordered MM's release within 48 hours from Colnbrook Immigration Removal Centre, West London.

The judge said what was a reasonable time for foreign criminals to be held awaiting deportation had been described as 'like elastic'.

He declared that, in MM's case: 'Enough is enough - the elastic has broken.'

The judge ordered that MM must be released within 48 hours from detention at Colnbrook Immigration Removal Centre, West Drayton, near Heathrow Airport.

His release will be subject to conditions including electronic tagging and reporting regularly to the police.

MM is now entitled to seek damages for being deprived of his liberty from that date.

The judge said MM was born in Mogadishu and arrived in the UK in 1996 when he was 13.

He had been granted indefinite leave to remain in July 2001 and then committed a series of offences between 2001-7 and was served with his first notice of intention to deport in 2006.

The notice came after he was sentenced to 20 weeks in jail for three offences of theft from motor vehicles.

The judge said his offences had 'undoubtedly caused extreme annoyance' to the victims, but they were not of the most serious kind, and he had served the sentences passed according to criminal law.

MM said they were drug-related and he now intended to return to his family and live a drug-free life in which he no longer persistently broke the law.

The judge said that type of statement had to be treated with some caution and cynicism, but it would be wrong not to take account of the prospect that he might indeed change.

MM was first convicted of theft and going equipped for theft in 2001, with convictions the following year including those for an assault occasioning actual bodily harm, shoplifting and breach of a conditional discharge. In September 2002 he was sentenced to 18 months in a young offenders' institution.

Further offences of theft, shoplifting and one of common assault followed in 2004-5 and he was ordered to undergo drug treatment and testing.

The judge said it appeared that in mid-2006 a 'route of return to Mogadishu' reopened, but he absconded before he could be deported, leaving his wife and children.

More offences followed in 2007, including theft and shoplifting, one of disorderly behaviour and possession of heroin.

He was eventually detained in September 2007 and ordered to be held under the 1971 Immigration Act pending his expulsion from the UK.

Since then he had been refused bail because of his extensive criminal record.