MP battles to save Peterborough chef from deportation after ‘startling injustice’ by government

Saiful Islam has spent the past 16 years fighting the Government’s attempts to deport him after officials made a string of errors with his case.

Mr Islam (44) was offered £5,000 in compensation by the Home Office after having false criminal convictions for sexual offences and assault put on his file, while a senior judge has also highlighted a series of major errors from the Home Office.

But despite this, efforts continue to be made to send the dad back to Bangladesh where he resided until 2003 when he came to the UK on a valid work permit.

Now, Mr Islam, whose young daughter Helena was born at Peterborough City Hospital, has had his case taken up by MP for Peterborough Paul Bristow who has written to Home Secretary Priti Patel urging her to intervene.

Mr Bristow said that mistakes made by the Home Office impacted Mr Islam’s application to remain in the UK, writing: “One of the primary factors of dealing with someone in accordance with law is not just to see justice done but for justice to be seen to be done. Because of these serious errors from the Home Office I would argue that justice cannot be seen to have been done.

“This case seems to me to be a startling injustice and one which merits urgent attention.

“The delays and subsequent appeals by him which all stem from an original failing have meant that Mr Islam has had to establish a life in the UK. He is a law abiding man of good character.

“In light of the above we would primarily ask that the Home Office consider his case as an exceptional case where, had these errors not arisen and had his case been dealt with fairly back in 2008, he would have satisfied the provisions to stay in the country and therefore grant him indefinite leave to remain.

“At the very least the should be allowed to make a fresh application for indefinite leave to remain taking into account that the law and the principles that should have been applied back in 2008.”

Mr Islam first moved to Peterborough in 2012 and lived in Eastfield Road, working as a chef and helping to feed homeless residents in his spare time.

Last year, the Home Office apologised and offered him £5,000 in compensation after making numerous blunders including incorrectly putting on Mr Islam’s records that he was a convicted sex offender and had been found guilty of assault.

This is because it had mixed him up with two other people with the same name. The mistake only came to light after Mr Islam fought a long battle to receive a copy of his file.

Similarly, it took the Home Office many years to finally establish that Mr Islam had entered the country legally back in 2003, while it has been rapped for illegally trying to curtail his stay in 2005.

Moreover, the department also tried to deport him after falsely claiming that he had not received a re-entry stamp on his passport when returning from a visit to Bangladesh.

The stamp was present, but an official failed to show it in court after photocopying the wrong part of his passport.

It was only when Mr Islam received a copy of his passport two years later that he discovered the re-entry stamp was indeed present.

The chef is currently staying with a friend in Peterborough as he is not being allowed to work, despite having a job offer.

He said the Home Office has now offered him £6,000 in compensation, but he has rejected the money because he wants “fair compensation for my huge suffering ●and I want my right to remain in the UK”.

As a result of his lengthy legal battle Mr Islam has been diagnosed with depression and prescribed medication. He previously told the Peterborough Telegraph that he had been treated “worse than a dog,” but added: “I feel the UK is my home country. I respect the law and I have done much good work for the wider society. I’ve done nothing unlawful.”

Mr Islam has been to court around 20 times in his efforts to remain in the UK but is facing deportation after his latest attempt at the Court of Appeal failed.

A Home Office spokesperson said: “The incorrect attachment of case files to Mr Islam’s case has not affected his leave to remain to date - he has not met the requirements of the rules in regard to employment.

“The case has also been fully considered by the judiciary and an independent immigration Judge confirmed upon appeal that Mr Islam does not qualify for any leave to remain.

“All indefinite leave applications are considered on their individual merits in accordance with the immigration rules.”