On a Wednesday afternoon in July 2026, victims of one of Britain's most notorious grooming gangs learned on social media that the man who abused them as children had been released from prison – and that the government said it could not deport him because of a law passed 55 years earlier.
The case centres on Shabir Ahmed, 73, the ringleader of a Rochdale grooming gang that targeted girls as young as 12. In 2012 he was jailed for 22 years for 30 child sexual offences including rape. He was released on licence last week, fitted with a GPS tag and subject to strict conditions. But because of a provision in the Immigration Act 1971, the Home Office says it cannot deport him to Pakistan – even though his British citizenship was stripped after his conviction.
“Explains the 1971 Immigration Act loophole preventing deportation of grooming gang ringleader Shabir Ahmed.”
The 1971 Immigration Act contains a clause that bars the removal of any Commonwealth citizen who arrived in the UK before 1973 and had been in the country for at least five years. Ahmed came to the UK from Pakistan in the late 1960s, so he qualifies for this exemption. The law was originally designed to protect the rights of Commonwealth citizens already settled in the UK, most notably the Windrush generation from the Caribbean. Home Office minister Alex Norris told MPs that the rule exists to protect citizens who arrived before 1973, “most notably the Windrush generation”.
For UK readers, this case highlights a tension between justice for victims of serious crime and legal protections for long-standing residents. The government is now trying to close the loophole. Home Secretary Shabana Mahmood is expected to announce on Monday that she will amend the 1971 Act to allow Ahmed’s deportation, without affecting the rights of other Commonwealth citizens. But even if the law changes, practical hurdles remain: Pakistan has so far refused to take Ahmed back, saying he renounced his Pakistani citizenship.
Q: What is the Immigration Act 1971 loophole? It is a provision that prevents the deportation of Commonwealth citizens who arrived in the UK before 1 January 1973 and have lived in the country for at least five years. The law was intended to protect the rights of settled Commonwealth migrants, including those from the Windrush generation.
Q: Why can't Shabir Ahmed be deported now? Although Ahmed was stripped of his British citizenship after his 2012 conviction, he remains a Commonwealth citizen who arrived before 1973 and has lived in the UK for over five decades. Under section 3(1) of the 1971 Act, he cannot be removed. The Home Office says it has no legal basis to deport him unless the law is changed.
Q: Will changing the law affect other Commonwealth citizens? The government says it can close the loophole without jeopardising the rights of other Commonwealth citizens, including the Windrush generation. Home Secretary Shabana Mahmood is expected to propose an amendment that specifically targets individuals convicted of serious offences, though details have not yet been published.
What happens next: Shabana Mahmood will outline her proposed amendment to the 1971 Immigration Act on Monday, alongside the second reading of the Immigration and Asylum Bill. Even if the law is changed, the UK must negotiate with Pakistan to accept Ahmed's return. A government source said: “We are confident that there is a fix to deal with the domestic side of it but it is now down to the FCDO negotiations with Pakistan that will decide if he stays in the UK.” The process could take up to a year. Meanwhile, Ahmed remains on licence in the UK, and any breach would result in immediate return to prison.