AN Iranian convicted for a sex offence involving two teenagers who was first refused asylum eleven years ago is still in Scotland as he continues a legal fight to remain because he is gay.
Amir Beroghani, 60, who spent seven months in prison after indecently assaulting two teenage boys in a swimming pool and community centre and was due to be deported has had his case to remain thrown out nearly ten times.
He is seeking leave for yet another appeal during an hour hearing on Thursday at the Court of Session.
The father-of-two (below) is still in Glasgow and is using the crime as proof of his 'homosexuality' arguing he could not return to his own country, where he claimed he risked persecution for his sexuality and criminal record.
Alp Mehmet, vice chairman of Migration Watch UK was concerned that the case remained unresolved for so long.
He said: “I have long argued that those who fail in their claim for asylum go through the legal process and are still denied it, should be removed as quickly as possible.
"Most people would see this man's latest attempts to stay as a try-on. I would agree with them."
According to a 2011 Court of Session judgement he was convicted of indecent behaviour towards two teenage boys in 2006 and sentenced to seven months imprisonment.
In 2008, he made a fresh claim for asylum on the basis "he would face persecution on return to Iran because he would be known as a sex offender and because he was a homosexual".
Then Home Secretary Theresa May threw out the application and Beroghani immediately appealed to the Court of Session in Edinburgh over the decision.
But his bid was rejected again, and court papers stated: "The immigration judge dismissed his appeal, holding that he had failed to prove to the lower standard of proof applicable in asylum cases that he was a practising homosexual."
Beroghani appealed again but a second judge agreed with the earlier ruling.
His argument that he would be subjected to such rigorous questioning in Iran that he would reveal his conviction or his homosexuality was also dismissed by the court.
A judicial review was considered by Lord Hodge five years ago but he decided that there was no error in law and dismissed his application.
Since then the the Home Office reconsidered the application and rejected it again, kickstarting a further cycle of appeals.
One of Mr Beroghani's legal representatives said: "He is still here, and we are seeking asylum on the basis that if he is returned to Iran he will be persecuted, firstly because he is gay, and secondly because he has previous convictions."
When details of his reportedly taxpayer-funded fight first emerged five years ago, politicians and campaigners urged the UK Border Agency to deport Beroghani immediately.
Scottish Conservative leader Ruth Davidson said at the time: "People will be concerned that he is walking the streets and will want him out of the country."
It is understood that Beroghani and his family got into Britain on a boat in 2005, first arriving in Dover before moving north to Glasgow.
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