The European Court of Human Rights has prevented the UK from deporting a 24-year-old Nigerian man convicted of rape as a teenager, ruling that removal would breach his right to family life. The man, identified only as AA, arrived in the UK at age 13 and was convicted in 2002, aged 15, of raping a 13-year-old girl. He served four years in a Young Offenders Institution.
AA's lawyers argued he had been rehabilitated and that deportation was disproportionate. While in custody, his mother, a nurse, obtained permanent residence, which extended to her children. A parole board assessment found AA posed a low risk of reoffending, and he was released for good behaviour, later attending university and earning a master's degree. He now works for a London local authority.
The Home Office had issued a deportation order in July 2004 due to the serious conviction, leading to a lengthy legal battle. The Strasbourg court ruled that, despite the offence's seriousness, AA's exemplary conduct and rehabilitation over seven years meant deportation was disproportionate to the aim of preventing disorder and crime. The court noted the Home Office failed to prove AA still posed a risk.
A UK Border Agency spokesman expressed disappointment, stating the government is determined to remove foreign criminals and does not believe the right to family life should outweigh public protection. However, the Aire Centre, which represented AA, welcomed the judgment, saying it recognised his reform and sent a positive message about rehabilitating juvenile offenders.
