Sex offender in new court appeal to stay in Scotland
Iranian says crime shows he is gay and leaves him facing persecution
AN Iranian-born convicted sex offender who was first refused asylum 11 years ago is still fighting to avoid deportation on the grounds his homosexuality will see him targeted in his home country.
Amir Beroghani, 60, had faced being sent home in 2007 after serving a seven-month jail sentence for indecently assaulting two teenage boys at a Glasgow swimming pool and a community centre.
He has since had his bid to remain thrown out nearly 10 times and his lawyers will today launch a fresh bid at the Court of Session in Edinburgh.
The father-of-two, of Glasgow, argues his crime is proof of his “homosexuality”, arguing he could not return to Iran, where he risked persecution for his sexuality and criminal record.
Alp Mehmet, vice-chairman of Migration Watch UK, said he was concerned the case remained unresolved for so long.
He said: “I have long argued that those who fail in their claim for asylum through the legal process and are still denied it should be removed as quickly as possible.
“Most people would see this man’s latest attempts to stay as a try-on. I would agree with them.”
According to a 2011 Court of Session judgment, Mr Beroghani was convicted of indecent behaviour towards two teenage boys in 2006 and sentenced to seven months imprisonment.
In 2008, he made a fresh claim for asylum on the basis “he would face persecution on return to Iran because he would be known as a sex offender and because he was a homosexual”.
Theresa May, who was home secretary at the time, threw out the application and Mr Beroghani immediately appealed to the Court of Session in Edinburgh over the decision.
But his bid was rejected again, and court papers stated: “The immigration judge dismissed his appeal, holding that he had failed to prove to the lower standard of proof applicable in asylum cases that he was a practising homosexual.”
Beroghani appealed again but a second judge agreed with the earlier ruling.
His argument that he would be subjected to such rigorous questioning in Iran that he would reveal his conviction or his homosexuality was also dismissed by the court.
A judicial review was considered by Lord Hodge five years ago but he decided there was no error in law and dismissed his application.
Since then the the Home Office reconsidered the application and rejected it again, kickstarting a further cycle of appeals.
One of Mr Beroghani’s legal representatives said: “He is still here, and we are seeking asylum on the basis that if he is returned to Iran he will be persecuted, firstly because he is gay, and, secondly, because he has previous convictions.”
When details of his reportedly taxpayer-fundedfightfirst emerged five years ago, politicians and campaigners urged the UK Border Agency to deport Beroghani immediately.
Scottish Conservatives leader Ruth Davidson has previously spoken of her concern he was still in the country.