Afghan Asylum Seeker Avoids Deportation After Stalking and Sexual Offence Conviction
A court has heard that an Afghan asylum seeker convicted of stalking a schoolgirl for sexual pleasure will not be deported from the United Kingdom, despite being sentenced to 40 months in prison. Sabjan Burkazi, aged 30, was jailed this week at Stoke-on-Trent Crown Court after admitting to a campaign of harassment against an underage girl, which included performing a sex act in front of her and possessing indecent images of children.
Details of the Stalking and Offences
Burkazi, who arrived in the UK after the Taliban retook control of Afghanistan, became obsessed with the schoolgirl, leading to a series of disturbing incidents. Prosecutor James Hudson detailed how Burkazi repeatedly approached the victim, telling her she was "sexy" and "pretty," and offering her money to come to his house. The girl changed her route to school and stopped visiting a local park to avoid him, significantly impacting her daily life and mental well-being.
In a victim statement, the schoolgirl expressed how Burkazi's actions left her feeling scared, intimidated, and unable to live normally. She described his behavior as obsessive, stating, "This man was obsessed with me. I could not live a normal life." The stalking culminated in an incident last summer when Burkazi grabbed her arm in an alleyway, attempting to pull her toward his home, leading to a struggle with her friend.
Legal Proceedings and Sentencing
Burkazi pleaded guilty to multiple charges, including stalking causing serious alarm or distress, engaging in sexual activity in the presence of a child, and three counts of making indecent images of children. Police seized his phone and tablet, which contained 64 indecent images of children, further compounding the severity of his crimes.
During sentencing, Judge Graeme Smith acknowledged Burkazi's background, noting that he sought asylum in the UK due to fears for his life in Afghanistan and was placed in accommodation where he felt isolated. However, the judge emphasized the gravity of the offences, stating, "You developed an obsession with the victim... you now express regret, remorse and shame."
In addition to the prison sentence, Burkazi received a five-year Sexual Harm Prevention Order and was placed on the Sex Offenders' Register for 10 years. He will serve half of his sentence in custody before being released on licence, with conditions to prevent reoffending.
Deportation Exception and Asylum Status
Despite being liable for automatic deportation as a foreign national offender, the court heard that Burkazi is expected to remain in the UK. His asylum application has been refused, and an appeal is pending, but Judge Smith indicated that exceptions to deportation principles apply in this case. The judge told Burkazi, "The understanding of the police is that you will not be deported," highlighting the complexities of immigration and criminal law intersections.
Defence counsel Rashad Mohammed explained that Burkazi left Afghanistan to protect his life, having been married with two children. He expressed remorse for his actions, attributing them to loneliness and a lack of purpose, though he did not intend to cause fear or distress. Burkazi recognizes that his conviction may jeopardize his asylum appeal, but he awaits a final determination on his status.
This case underscores ongoing debates around immigration policies, public safety, and the handling of foreign offenders within the UK legal system, raising questions about deportation protocols and community protection measures.
