An Iraqi asylum seeker jailed for attacking four strangers has been handed a fresh opportunity to challenge his deportation from the UK after a legal ruling forced immigration authorities to restart the case.
The man, Rebin Tofiq Hamaamin, was described by a judge as a danger to the public after a drunken rampage in a South Yorkshire town. Despite a deportation order approved following his conviction, an immigration tribunal has ruled that a “material error of law” means his case must be heard again.
Hamaamin, 31, arrived in Britain on a small boat in 2020. Within two years, he was convicted of affray and assault occasioning actual bodily harm after a series of violent incidents in Barnsley. Court records show he kicked and punched one man unconscious before assaulting two others. He later behaved inappropriately towards a young woman before attacking her boyfriend when he intervened.
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Sentencing him in November 2022, Her Honour Judge Sarah Wright told the court that Hamaamin posed a clear risk to the public, particularly when under the influence of alcohol. He was jailed for two years.
Following his conviction, the Home Office approved a deportation order, having already rejected his asylum claim. Hamaamin had argued that he would be killed if returned to Iraqi Kurdistan, claiming he fled after a vehicle he was travelling in rammed into security officers, triggering a deadly response. UK authorities rejected his account, citing inconsistencies and ruling that he was not at risk of persecution.
However, Hamaamin successfully appealed against the deportation decision. Lawyers acting for the Home Secretary, Shabana Mahmood, later challenged that outcome, arguing that an error in law meant the legal process had to start again.
A 29-page ruling by the Upper Tribunal Immigration and Asylum Chamber has now cleared the way for Hamaamin to relaunch his case. As part of the renewed proceedings, he will be allowed to rely on human rights laws to argue that he is a “reformed character” who no longer poses a threat to the public.
The judgment states that he is entitled to challenge previous findings that he is a serious criminal and a danger to the community, and to contest the Home Office’s position that he should be excluded from humanitarian protection.
Reacting to the case, a UK Home Office spokesperson said the government was determined to prevent foreign criminals from exploiting the legal system.
“We will not allow foreign criminals and illegal migrants to exploit our laws,” the spokesperson said. “We are reforming human rights laws and replacing the broken appeals system so we can scale up deportations. All foreign national offenders who receive a prison sentence in the UK are referred for deportation at the earliest opportunity.”
The case is the latest to highlight tensions between immigration enforcement and the use of legal and human rights protections to challenge deportation decisions.
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