Peston: Why Wasn’t Brahim Kaddour-Cherif Deported?
Brahim Kaddour-Cherif, the Algerian sex offender mistakenly released from HMP Wandsworth, had overstayed his visa. Yet, he was not deported. This situation highlights serious issues in the interaction between visa regulations and the criminal justice system, a concern likely to alarm Members of Parliament.
Official Explanation for Non-Deportation
According to official sources, Kaddour-Cherif was protected from deportation because criminal proceedings against him were still ongoing. The government generally does not remove individuals while such legal processes continue unless there is a consensus with the police and Crown Prosecution Service.
"The government does not remove or deport people while criminal proceedings are ongoing, unless there is agreement with the police and Crown Prosecution Service."
Deportation Thresholds and Proceedings
Kaddour-Cherif’s sentences did not meet the automatic deportation threshold, which requires a custodial sentence of at least 12 months. However, initial deportation proceedings, known as a stage one notification, had been initiated earlier this year due to his repeated offenses being deemed against the public good.
- In November 2024, he was convicted of indecent exposure.
- He received an 18-month community order.
- He was also placed on the sex offenders register.
"His repeat offending history was seen as contrary to the public good."
Context on Deportation Criteria
Automatic deportation in the UK typically applies to foreign nationals sentenced to at least 12 months in custody. Since Kaddour-Cherif’s sentence was community-based, he fell below this deportation threshold, complicating his removal despite his visa overstay and criminal history.
Author’s Summary
Brahim Kaddour-Cherif was not deported because ongoing criminal proceedings and community sentences kept him from meeting automatic deportation rules, exposing flaws in the justice and immigration system.