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A HOME Office immigration official is to explain to a judge why two court recommendations for deportation of a Russian national have seemingly been ignored.
Judge Timothy Nash, sitting at Canterbury Crown Court, criticised civil servants for not doing their jobs properly after being told that Mohammed Gaparkhoev, 30, of Guildhall Street, Folkestone, had been twice recommended for deportation having orginally appeared in court for theft.
Gaparkhoev appeared at Canterbury for breaching a two-year ASBO orginally made by Folkestone magistrates in June 2004. He had already breached it previously and since his arrest was said to have breached it again.
His counsel, Laura Charleton, said he had served a four month sentence for the second breach and was now in custody under immigration regulations but up until the court hearing, had not been seen by an immigration official.
Sandra Hendry, prosecuting, said she was instructed to apply for yet another deportation recommendation but Judge Nash queried why the court should waste its time making orders the Home Office disregarded.
He said there may be difficulties with deportation because of Human Rights legislation and guidelines from the Court of Appeal that where there were dependants - Gaparkhoev has an English wife - it was undesirable that deportation orders be made.
He adjourned the hearing for 56 days and ordered a senior Home Office official to attend the next hearing.
Judge Nash said he wanted "sensible information" and would expect the deportation process to have started if it was to be pursued. "It is quite meaningless for courts to make orders Government servants think they can blissfully ignore.
"I am not referring to politicians, I am referring to civil servants who just don't do their job. It is down to lack of proper leadership."
Gaparkhoev is a heroin addict and Judge Nash said if he was to stay in the UK, he and his wife would need support.