Description
A convicted sex offender who left the United Kingdom and went abroad later returned illegally to this country in an inflatable boat along with 50 other people, including his wife and children.
The boat was intercepted as it entered UK territorial waters and he ended up being brought from Kent to Hull to live in a hotel. Fingerprint checks revealed his previous conviction, Hull Crown Court heard.
Talib Rasul, 47, of Beverley Road, Hull, admitted attempting to enter the United Kingdom without a valid entry clearance on May 17.
Ben Hammersley, prosecuting, said that Rasul, an Iraqi national, was arrested after trying to enter the UK along with 50 others on an inflatable boat that set off from the French coast.
It was intercepted by the UK authorities before it reached this country's territorial waters. He was taken to a holding facility in Kent and was transferred to a hotel in Hull.
During interview on July 4, he made no comment to questions. Checks on him revealed that he had previously entered the UK before October 2003. He had been convicted of a sexual offence, indecent assault, in February 2005. The offence was committed in October 2003.
"It was suspected that the defendant must have left the UK of his own volition some time after his conviction," said Mr Hammersley.
"During this time, he was not known to the Home Office and there was no record of entry clearance so the defendant must have been here illegally."
The 50 others on the boat included members of Rasul's family. "He wasn't driving the boat," said Mr Hammersley.
"There is no evidence of him engaging in criminal activity or attempting to do so. He was clearly making a genuine asylum claim."
Oliver Shipley, mitigating, said that, at the time, Rasul immediately raised an asylum claim and that was still ongoing. "He is an asylum seeker," said Mr Shipley.
"A trial was listed. I made it clear that it would never have been a trial. Bail was granted, with a reporting condition, on August 14. He has been reporting to Clough Road police station every day since then.
"He isn't a flight risk. He is here with his wife of 17 years. He lives here with his four children."
Judge Megan Rhys told Rasul: "You were on an inflatable boat which contained 51 people. That boat was intercepted as it entered United Kingdom territorial waters. You were one of the 51 people who were on board.
"Fingerprint checks showed that you had previously entered the United Kingdom without clearance. It's of note that you were the only person on that boat who has been prosecuted.
"You came here with your wife and children. An asylum application was made shortly after you arrived and, as a result of that application, arrangements have been made leading to you and your family being housed in temporary accommodation in Hull."
Rasul spent six weeks in custody on remand before he was given bail. "An immediate custodial sentence would have a harmful impact on your wife and children," said Judge Rhys.
Rasul was given a six-month suspended prison sentence but with no requirements.