HOWRI GARIB: SCOTLAND'S SEX OFFENDER WHO AVOIDED DEPORTATION FOR SIX YEARS

In a case that has sparked widespread outrage and raised serious questions about the effectiveness of the UK’s immigration and justice systems, Howri Garib, an Iraqi national, remains unlawfully residing in Scotland despite a clear deportation order issued over six years ago.

Garib’s troubling history dates back to 2004 when he was just a newcomer to Scotland. Within a month of his arrival, he committed a heinous crime—indecently assaulting three teenage girls, all aged 14, at a local swimming pool. This disturbing incident marked him as a serious offender early in his time in the country.

Following his conviction, Garib was placed on the Sex Offenders’ Register, a legal requirement for individuals convicted of such crimes. Despite this, he sought to secure indefinite leave to remain (ILR) in the United Kingdom. In May 2006, just two months after his conviction, Garib submitted an application for ILR. However, it was marred by dishonesty, as he failed to disclose his criminal record, only mentioning a road traffic offence in his application.

His legal troubles persisted, and in 2007, Garib appeared before the courts again. He was reprimanded and subsequently removed from the Sex Offenders’ Register, a move that further complicated his case. The following year, in September 2008, the Home Secretary refused his application for ILR, citing the severity of his sexual offences against minors as a primary reason. An order for his deportation was also served at this time, reflecting the government’s stance that such crimes are “particularly abhorrent to society.”

Despite the deportation order, Garib remained in Scotland, living freely while the authorities’ efforts to remove him were hampered by legal challenges. Taxpayers funded an appeal process, which ultimately failed in May of the following year when the Secretary of State rejected Garib’s appeal, explicitly noting his failure to disclose his criminal conviction as a significant factor.

Garib’s legal representatives argued that the Home Secretary’s decision was flawed and that the process was unfair. However, in a ruling delivered last week by Lord Boyd of Duncansby at Edinburgh’s Court of Session, these claims were dismissed. Lord Boyd emphasized that even if the failure to disclose the conviction was not the primary reason for the decision, such a failure alone could justify the refusal of ILR.

Critics and political figures have voiced their concerns over the case. Labour’s shadow minister for immigration, David Hanson, stated, “When foreign criminals have committed crimes and an order has been made to deport them, there is no excuse for keeping them here.”

Adding to the criticism, Eben Wilson, director of the Taxpayer Scotland campaign group, condemned what he described as a lack of political will. “Where is the statesmanship in our parliament and the UK parliament that can protect us? They’re asleep on the job and unwilling to take a stand. It’s time they did,” he said.

In response, a Home Office spokesperson reaffirmed the government’s commitment to deportation, stating, “We have always been clear that we will seek to deport those who break our laws and in 2012 we removed more than 4,500 individuals. Those who abuse our country by committing serious crimes here have no place in the UK and we are determined to see more of them deported.”

Despite the legal and political efforts, Howri Garib remains at large in Scotland, a situation that continues to provoke public concern and debate over the handling of such cases.