Questions are being asked about how a sex offender who went on the run after being suspected of carrying out a chemical attack was granted asylum in the UK despite his convictions.
Police are hunting for Abdul Ezedi after a girl and her mother were left with potentially life-changing injuries following the incident in London on Wednesday.
The 35-year-old, who is believed to be from Afghanistan, reportedly arrived in the UK in a lorry in 2016. He was convicted of sexual assault and exposure in 2018 and sentenced to two consecutive suspended jail terms of less than 12 months.
It is understood his asylum claims were twice rejected by the Home Office before he successfully lodged an appeal at a tribunal and was awarded refugee status in 2021 or 2022. Ezedi was permitted to stay in the country after he converted to Christianity.
There is a lot that is not know about Ezedi’s case, for example: the details of his offences, the sentencing judge’s decision making, the grounds on which Ezedi launched his appeal, the grounds on which a judge ultimately granted refugee status.
Here we take a look at the asylum process.
What is asylum?
Asylum is an application made to obtain refugee status in the UK. To be eligible, a person must have left their country of origin or residence and be unable to go back because they fear persecution. This could include persecution on the grounds of race, religion, nationality or political opinion. It includes anything that puts a person at risk because of the social, religious or political situation in their country.
How and where can someone claim asylum?
Some people claim asylum immediately on entering the UK, at the airport, ferry port, train station, or when they reach the UK from the sea. They do this by telling an immigration official they wish to claim asylum.
Alternatively, they may contact the Home Office to make an appointment to claim for asylum.
What is the process?
Asylum seekers will have an initial interview, which is called the “screening interview”, where basic information is taken. This includes questions about their journey to the UK and why they are claiming asylum.
Some time after the screening interview, the applicant will have their “substantive interview”. This is an in-depth interview where the asylum seeker explains why they would be at risk if they returned to their country.
Is it possible to appeal against a refused application?
If an asylum claim is refused, the applicant has the right to appeal in the courts. The first step is to take the appeal to the first-tier tribunal immigration and asylum chamber. Led by a judge, this tribunal handles appeals for some decisions made by the Home Office relating to permission to stay, deportation from and entry clearance to the UK.
If this appeal is lost, the asylum seeker may be able to appeal to the upper tribunal immigration and asylum chamber.
What are the grounds for refusal?
An application can be refused for a variety of reasons, determined on a case-by-case basis, including the credibility of the claim, immigration issues, nationality or age disputes.
There are some grounds for mandatory and discretionary refusals related to criminality. A claim must be refused if the person has been convicted of a criminal offence in the UK or overseas for which they have received a jail sentence of 12 months or more, is a persistent offender, or has committed a criminal offence which caused serious harm.
Serious harm is defined as “an offence that has caused serious physical or psychological harm to a victim or victims, or that has contributed to a widespread problem that causes serious harm to a community or to society in general”.
Sexual offences are highlighted in this section of the guidance and if a person is on the sex offender register then their application will be refused on the grounds of serious harm.
As well as the mandatory refusals, the home secretary can refuse an application when a person has been convicted of a criminal offence in the UK or overseas for which they have received a custodial sentence of less than 12 months.
Are there are any exemptions to mandatory refusal rules?
If a person should be refused on mandatory or discretionary grounds, it is possible this would be overturned at appeal on human rights grounds for violating the European convention on human rights, the refugee convention or on compassionate grounds.
Official guidance also states that “any very compelling factors that amount to an exceptional reason why the application should be granted” can be considered.
Can a person apply for refugee status on the grounds of their religious beliefs?
An asylum seeker can argue that in their home country they would be persecuted as a result of their religious beliefs or conversion.
