Gay Albanian asylum seeker's right to stay in UK 'beggars belief', fumes UKIP councillor

Express co uk

A JAILED Albanian asylum seeker is set to be allowed to remain in the UK because he is gay - even though his home country's government has introduced laws protecting homosexuals from persecution.

By Paul Jeeves

PUBLISHED: 00:00, Wed, Nov 25, 2015

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Xuhliano Zota, who was tried at Teeside Crown Court, came to the UK with a fake Italian passport

The Balkan state has made "great strides" in embracing gay culture and in May its parliament passed a resolution protecting the rights of lesbian, gay, bisexual and transgender people, a move described as "an important step forward" by the Lesbian, Gay, Bisexual, and Transgender Rights Program.

This is the latest example of why we must divorce ourselves from the Human Rights Act

David Simister, UKIP County Councillor

But despite the rapid progress Xuhliano Zota, 19, who entered the UK illegally on a fake Italian passport, maintains it would not be safe to be returned because of his sexuality.

Human rights lawyers now say his appeal to stay is "likely to succeed" despite the Home Office's drive to deport all foreign nationals convicted of a crime.

UKIP County Councillor David Simister said: "This just beggars belief. He entered the UK illegally yet it seems when we come to kick him out we are totally impotent. This is the latest example of why we must divorce ourselves from the Human Rights Act."

Zota was working at a car wash in Stockton-on-Tees when he was arrested and found to have fake documents.

The Recorder of Middlesbrough, Judge Simon Bourne-Arton, QC, jailed Zota for six months on Monday at Teesside Crown Court after he admitted possessing an Italian driving licence in the name of Christiano Riccio.

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Mr Zota, 19, was arrested whilst working at a car wash in Stockton-on-Tees

Zota's lawyer Tom Mitchell said: "He pleaded guilty on the basis that he was persecuted in Albania for his sexuality.

"There are concerns that people are discriminated against in that country for their sexuality, and in the past people have left by illegal routes but more and more people are contacting human rights organisations in that country."

Mr Mitchell added: "It looks now as if his pending asylum claim may be successful."

The court heard how Zota paid £6,000 in Italy for the stolen licence before entering the UK illegally in July. He subsequently sent if off to the DVLA to exchange for a UK licence but a clerk spotted that it was a fake with altered details.

Jenny Haigh, prosecuting, said the licence had been part of a bulk theft of ID cards stolen in Rome.

She said that Zota had opened a bank account using the documents and had been sending money home to his family in Albania.