A ringleader of the Rochdale grooming gang, Shabir Ahmed, was released from prison this month after serving 22 years for child sexual offences – and the home secretary says she cannot deport him because of a law passed in 1971. The case has sparked outrage and a promise to change the law, but it also raises a fundamental question: why can't the UK deport some of its most serious foreign-born criminals, even after they have been stripped of British citizenship?
At the centre of the row is Section 7 of the 1971 Immigration Act, which protects a small group of Commonwealth citizens who arrived in the UK before 1973 and have lived here for at least five years. The law was designed to honour the rights of those who came from former colonies as part of a historic settlement, but it now means that even criminals stripped of their British citizenship cannot be removed if they fall into that category. Shabir Ahmed, who had dual British-Pakistani citizenship before being stripped of the former after his 2012 conviction, arrived in the UK more than 50 years ago and therefore qualifies for the protection.
“Why the UK can't deport some serious criminals due to a 1971 law, and the proposed change.”
Home Secretary Shabana Mahmood has announced plans to amend the law by tabling an amendment to the government's Immigration and Asylum Bill, which is currently going through Parliament. The change would "disapply" Section 7 for serious criminals, meaning foreign offenders would no longer benefit from the protection in cases of grave crimes. Mahmood said the Act "should not be used as a bar against removal in cases like that of Shabir Ahmed". But even if the law is changed, deportation is not guaranteed: it depends on Pakistan accepting Ahmed back. The Home Office said Pakistan has so far shown no intention of accepting him, and Ahmed claims to have renounced his Pakistani citizenship. The government says it will "explore all avenues to pursue a deportation".
The history of this protection dates back to the Commonwealth immigration era. When the 1971 Act was passed, it gave indefinite leave to remain to Commonwealth citizens who had already settled in the UK, effectively creating a 'right of abode'. That group is now elderly, but the protection extends to anyone who arrived before 1973 and has been a resident for five years. Lawyers have argued that stripping citizenship does not automatically allow deportation because the 1971 Act bars removal of such individuals except in very limited circumstances. The proposed change would align deportation law with citizenship removal law, so that serious criminals can be removed even if they have historic residency rights.
For UK readers, this case highlights a broader issue: the legal loophole that can prevent the removal of foreign-born serious offenders who have lived in the UK for decades. Victims of the Rochdale gang have said they feel "frightened" and "unsafe" at Ahmed's release, and they were previously led to believe he would be deported when the Tories were in power. The government is also facing pressure over the early release of up to 5,000 prisoners, including sex offenders, starting in September. Shadow home secretary Chris Philp has urged the government to introduce emergency legislation in September after parliamentary recess, saying a law change could be achieved "in a matter of weeks" rather than up to a year. He also suggested imposing visa sanctions on Pakistan if it refuses to accept Ahmed.
Q: What is Section 7 of the 1971 Immigration Act? It is a clause that forbids the removal of any Commonwealth citizen who arrived in the UK before 1973 and had been in the country for five years. It was designed to protect long-term residents from former colonies, but it currently applies even to criminals stripped of British citizenship.
Q: Can the UK deport foreign criminals who have British citizenship? Yes, in many cases. Foreign nationals who are not British citizens can be deported after serving prison sentences if their presence is deemed not conducive to the public good. But this case concerns a person who had dual British-Pakistani citizenship and lost the British one after conviction – yet still cannot be deported because of the historic Commonwealth protection.
Q: Will Shabir Ahmed actually be deported? Not necessarily. Even after the law is changed, Pakistan must accept him. The Home Office said Pakistan has so far shown no intention of doing so, and Ahmed claims to have renounced his Pakistani citizenship. The government is exploring diplomatic avenues, but there is no guarantee.
What happens next: The amendment to the Immigration and Asylum Bill will be tabled in Parliament. The government has said it could take up to a year to change the law, though the Conservatives have called for emergency legislation in September. Meanwhile, Ahmed remains in the UK under 24-hour supervision with a GPS tag, and can be returned to prison if he breaches his licence conditions. The home secretary has warned there is "no guarantee" of deportation even with a law change.