AN Iranian businessman who was given discretionary leave to remain in Scotland after he sought asylum here almost 20 years ago is back in limbo because of a delay in renewing his application.
Sajad Karimi first arrived in Scotland seeking asylum in 2003, which was refused.
However, the Home Office later gave him discretionary leave to remain, which was valid for three years.
This allowed him to be reunited with his parents and sister, who have all been granted UK citizenship and live in Scotland.
Karimi said he wanted to eventually become a gas engineer in Scotland, but because of the uncertainty over his legal status here, he only managed to study English, and not the relevant engineering subjects.
READ MORE: Home Office under fire over four-year asylum delay for vulnerable mother and autistic child
However, in a relatively short time he did establish a small, but busy, second hand shop in Glasgow – a move which followed in his father’s footsteps.
As if coping with the Home Office’s hostile environment around immigration were not a big enough worry, Karimi had a run-in with the police nine years ago which changed the course of his life.
He broke his leg and was later sentenced to carry out a term of community service.
In the intervening period the deadline for his leave to remain application had passed and, with uncertainty over his status, he was unable to continue to run his shop.
“So, within a month when I was laid up, I went back and forth to my [then] lawyer who wanted a sum of money, which I didn’t have available at the time,” he told The Sunday National.
“It took me some time to get the money together to apply for the visa and by the time I did all this, it was few months late, but we sent it away.
“The Home Office came back and said it was too late, that basically I had missed the date for applying.
“They also pulled out the conviction I had back in 2012. They pulled this out to say to me I’m not a good enough person, I don’t have a good enough character to stay in this country and I had to leave.
“So, since 2015 I’ve just been waiting and waiting.”
Two years ago, Karimi sought out another lawyer and took his case to senior solicitor Usman Aslam in Glasgow, who was critical of the length of time a decision had taken. The lawyer lodged a fresh claim based on the fact that his client’s conviction was spent some years ago, and that he has been here a period approaching 20 years.
It was also raised with Karimi’s MP Patrick Grady, who told Aslam: “I absolutely agree that the lack of decision from the Home Office is completely unacceptable, as is the way applicants are left to wait for indefinite periods with no updates on the progress of their applications.”
The SNP MP said he had also raised the case with the Home Office.
Aslam, from the Glasgow firm Rea Law, said Karimi had made one mistake years ago, had apologised for it and had carried out his community service in an exemplary fashion.
He added: “It is hoped that given all of our client’s family are settled in the UK, most of them British, and that he has been residing in Scotland for 17 years, that a pragmatic view will be taken here.
“Moreover, especially when he has had a previous visa, granted by the Home Office on a discretionary basis years ago.
“In my opinion this is the time to exercise discretion and avoid costly litigation.
“He has proven to be a successful businessman in the past and this is the kind of positive contributions we need in Scotland, not long term punishment.
“We hope to achieve a good outcome for our client”
A Home Office spokesperson, said: “The Nationality and Borders Bill will deliver the Government’s New Plan for Immigration – the most comprehensive reform in decades. It will fix the broken asylum system so that it is fair but firm, helping those in genuine need through safe and legal routes while stopping those who abuse the system.
“All applications are carefully considered at the time on their individual merits, on the basis of the evidence provided and in accordance with the immigration rules.”
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