GIFT OLADELE: MIGRANT WHO RAPED TEEN AND WAS JAILED FOR ‘SEXUALLY MOTIVATED ATTACK’ BUT NOT DEPORTED ARRESTED FOR RAPE AGAIN

Gift Oladele was found guilty last week of raping a 19‐year‐old woman in woodland, near Wrexham last September. He was previously jailed for a “sexually motivated attack” but not deported.

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A migrant who was convicted of raping a teenager had previously been imprisoned for a “sexually motivated attack”, but was not deported in order to “protect his right to a family life”.

Gift Oladele, a 24 year old Nigerian national, was found guilty last week of raping a 19 year old woman in woodland near Wrexham last September.

North Wales Live reported this week that Oladele was sentenced to two years in prison in December 2022 for falsely imprisoning a woman in Manchester, who feared she would be raped in broad daylight.

The Home Office issued a deportation order for Oladele in 2023, but North Wales Live has now revealed that Oladele successfully appealed against the order, which subsequently allowed him to rape a teenager in North Wales, reports North Wales Live.

In the 2022 case, Judge Conrad KC described Oladele as having “inappropriate attitudes towards women with a sense of entitlement”. He stated: “There is ample material here for me to find that you are a dangerous offender.” He further added: “I regard you, having seen you give evidence, as a young man who is clever, devious and manipulative.”

Despite Oladele’s claim that the deportation order violated his human rights, the Home Office upheld its decision to deport him on January 10, 2023.

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Oladele lodged an appeal with the Asylum and Immigration Tribunal on 24 June 2023. According to case notes and the judgement released to North Wales Live, the tribunal found in Oladele’s favour, determining that the Home Office’s refusal to revoke the deportation order constituted a “breach of the Appellant’s protected rights”.

This ruling was based on Article 8 of the European Convention on Human Rights, which safeguards the right to respect for private and family life.

‘Absolutely horrific case’

Last September, the predator dragged a 19 year old woman into woodland as she walked home following a night out in Wrexham, before violently raping her. Following the harrowing attack, he told her “this will teach you a lesson not to trust strangers”. He was convicted last Friday and warned he faces a substantial prison sentence.

The Home Office described this as an “absolutely horrific case” and confirmed that the defendant had successfully appealed against a deportation order following the first offence that would have removed him from the country.

The asylum tribunal heard that Oladele was a Nigerian national who had been born in Italy. He came to the UK with his mother aged 11 with entry clearance valid until 2014, but it is understood he subsequently lived illegally in the UK until February 2018.

He then secured a “residence card” which was set to expire in 2024. On 21 November 2022, the appellant was convicted of false imprisonment for the Manchester attack and in December that year was sentenced to two years’ imprisonment. His deportation was mandated under the UK Borders Act 2007 following his conviction. The migrant submitted arguments regarding his right to a “private life”, but the Home Office determined this was insufficient to override the public interest in his removal.

However, Oladele subsequently lodged an appeal with the asylum tribunal. He contended that he has established family ties in the UK with his partner and a private life, and that returning to Nigeria would present insurmountable obstacles.

A hearing was held on 15th December 2023 before Tribunal Judge James A Simpson, with Oladele listed as appellant and the respondent named as the UK Secretary of State for the Home Department, then James Cleverly. Despite the Home Office’s absence from proceedings, the judge continued with the case, noting that no adjournment had been requested and no explanation provided for the lack of representation. The judge observed that the respondent’s position had been outlined in the decision letter and respondent’s review.

Oladele told the tribunal that since his release he had been “working my butt off”. He explained he had concentrated on remaining drug-free, rehabilitating himself and maintaining employment. He stated he had been in a relationship with a woman for two years. His Congolese partner – who holds indefinite leave to remain in the UK – informed the court she would not relocate with him should he be deported to Nigeria. His mother confirmed that her son has never visited Nigeria, has no connections in the country, and that all of her family reside in the United Kingdom.

According to the Borders Act, an individual faces automatic deportation when they meet the legal definition of “foreign criminal” – meaning they are not a British citizen and have been convicted in the UK of an offence resulting in a custodial sentence of 12 months or more.

The Home Office argued that the appellant is not socially and culturally integrated in the United Kingdom, citing the commission of the index offence. They maintained he possessed insight into Nigerian life due to being raised in a Nigerian family.

The judge ruled he found the “opposite to be the case”, noting that Oladele had completed his education at school and college in the UK.

‘Socially and culturally integrated’

He stated: “I find that the only thing that distinguishes him from any other resident of Manchester is his precarious immigration status and the fact that he has been found guilty of a serious criminal offence.” He continued: “I find that he is socially and culturally integrated.”

The appellant contended that his deportation would have an unduly harsh impact on his girlfriend.

The judge determined that neither of these arguments provided sufficient grounds to prevent deportation. The tribunal then examined whether there were “very compelling circumstances” under Article 8 of the European Convention of Human Rights that would be sufficient to outweigh the substantial public interest in deportation.

The judge noted that false imprisonment is a grave offence, with the lengthy custodial sentence reflecting the severity of the crime – as emphasised by the sentencing judge’s remarks.

A probation officer’s letter – dated 27th October 2023 – informed the tribunal that Oladele had co-operated with services and was currently assessed as posing a low risk of reoffending. The letter stated: “It is respectfully stated at this present time that there are no ongoing concerns in relation to Mr Oladele.”

‘Deportation not proportionate’

Judge Simpson explained that he was required to weigh the public interest in upholding the order against the impact on the appellant’s family and private life rights.

The judge concluded: “Weighing everything, I find that the matter is finely balanced. The offence that the Appellant committed was very serious and I find that there is a strong public interest in deporting and excluding foreign criminals, especially one who has committed a frightening and public assault.”

“However I have found that the factors on the Appellant’s side of the balance sheet, in particular the fact that he would be a complete outsider should he relocate to Nigeria with attendant risks, that he has a developed private life having grown up in the United Kingdom and that he has engaged positively in a process of rehabilitation and that this has had the impact of reducing the risk of reoffending, are just sufficiently compelling to outweigh those on the Respondent’s side.”

The judge determined that the “continuation of the deportation order is not proportionate under Article 8 ECHR.” They ruled that the Home Office’s refusal to revoke the deportation order and reject his human rights claim constituted a breach of the appellant’s protected rights.

A Home Office spokesperson commented: “This is an absolutely horrific case, and our thoughts are with the victim of this heinous criminal.”

“Foreign nationals who commit crimes should be in zero doubt that we will aim to remove them from the UK at the earliest opportunity.”

“The Home Secretary has announced sweeping reforms to tackle illegal migration, which will make the UK less attractive for illegal migrants and make it easier to remove them.”

Oladele is due to be sentenced for the rape next month.

@ North Wales Live