Zimbabwean criminal Andre Babbage freed despite 'significant risk' to public

Source: The Telegraph, 01/02/2016

Zimbabwean criminal Andre Babbage freed despite 'significant risk' to
public
01 Feb 2016 – The Telegraph
Robber and drug dealer cannot be held in immigration detention because
he does not want to comply with Home Office removal efforts, judge
says


A Zimbabwean criminal behind a string of serious offences in Britain
has been freed from detention despite a judge warning he is likely to
abscond and commit new crimes.


A High Court judge said Andre Babbage should be freed from immigration
detention because the Home Office is highly unlikely to be able to
remove him to his homeland.


Mr Justice Garnham accepted Babbage - who has convictions for offences
including assault, robbery and supplying cocaine - was likely to
abscond and commit crime.


"The claimant is a Zimbabwean national, with no right to remain in the
UK, who has committed serious offences in this country and whose home
country will only accept returning nationals if they have a passport
or wish to return," said Mr Justice Garnham.


Zimbabean president Robert Mugabe Photo: Xu Lingui/ Photoshot
"It is my judgment that (he) would be likely, if released, to abscond
and to commit further offences.


"The question which arises here is whether the Home Secretary can
justify the claimant`s continued detention when he has made it clear
that he will not return home."


He added: "My answer to that question is 'no'."
The judge ordered the release of Babbage, who came to the UK with his
mother in 2003, at a High Court hearing in London in December, which
was finally made public.


"It seems to me plain that the claimant will pose a significant risk
to the community once released," the judge said.


"The risk of re-offending and of absconding are matters of paramount
importance.


"The question for me is whether there is a sufficient prospect of
removal to warrant continued detention when account is taken of all
other relevant factors, including those risks."
Babbage, who had been in immigration detention since October 2013,
claimed he was being unlawfully held and should be released.
He said he did not have a current Zimbabwean passport and had
repeatedly made it clear that he did not consent to being returned to
Zimbabwe.


Mrs May disputed his claim and argued that continued detention pending
deportation was lawful.
The judge ruled there was "no prospect" of deportation to Zimbabwe and
continued detention "could not be justified".
Mr Babbage had been given leave to remain in Britain in 2007, said the
judge.


A year later he had been convicted of supplying cocaine.
In a period of about two years he built up a "serious criminal
record", committing offences including harassment, criminal damage and
theft, the judge added.


In 2011, he was convicted of robbery, after a hearing at Woolwich
Crown Court, and given a 30-month sentence.


Home Office officials made a deportation order in 2013 and he had been
placed in immigration detention pending deportation.