Migrant Who Raped Teenager Was Not Deported to Respect His 'Right to Family Life'
A judge ruled that deporting Gift Oladele would breach his human rights after he was imprisoned for false imprisonment of a woman. He later went on to violently rape a 19-year-old woman as she walked home in Wales.
Background and Previous Offence
Gift Oladele, a 24-year-old Nigerian national, arrived in the UK with his mother at age 11 with entry clearance until 2014. He then lived illegally in the UK until February 2018, according to asylum tribunal records. In December 2022, he was jailed for two years for falsely imprisoning a woman in Manchester, an attack described as sexually motivated. The judge in that case noted Oladele had "inappropriate attitudes towards women with a sense of entitlement" and deemed him a dangerous offender.
Deportation Order and Appeal
On January 10, 2023, the Home Office ordered his deportation under the UK Borders Act 2007. Oladele appealed, arguing it breached his human rights under Article 8 of the European Convention on Human Rights, which protects the right to family and private life. The Home Office maintained its decision, but Oladele submitted an appeal to the Asylum and Immigration Tribunal on June 24, 2023.
The tribunal, in a hearing on December 15, 2023, ruled in his favour. Tribunal Judge James A Simpson found that Oladele was socially and culturally integrated in the UK, having attended school and college here. The judge stated, "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."
Factors in the Appeal Decision
Oladele argued he had family life in the UK with his partner, who had indefinite leave to remain, and a private life, claiming he would face insurmountable obstacles if deported to Nigeria. His mother testified he had never been to Nigeria and all her family was in the UK. A probation officer's letter from October 2023 assessed Oladele as presenting a low risk of reconviction and noted he had engaged with rehabilitation services.
The judge concluded the case was "finely balanced", acknowledging the seriousness of the offence and public interest in deportation. However, he found factors such as Oladele's integration, private life, and rehabilitation efforts were sufficiently compelling to outweigh deportation, ruling it disproportionate under Article 8.
Subsequent Rape Conviction
In September last year, Oladele dragged a 19-year-old woman into woods in Wrexham, Wales, and violently raped her. After the attack, he told her, "this will teach you a lesson not to trust strangers." He was convicted last week and faces a lengthy prison term, with sentencing expected next month.
Home Office Response
A Home Office spokesperson described this as an "absolutely horrific case" and stated, "Foreign nationals who commit crimes should be in zero doubt that we will aim to remove them from the UK at the earliest opportunity." They added that reforms are being implemented to tackle illegal migration and make removal easier.
This case highlights ongoing debates over immigration policies, human rights protections, and public safety in the UK.
