Friday, December 06, 2013

Somali asylum-seeker used fake ID for £91,000 benefit fraud – but WON'T be jailed or deported because her seven-year-old daughter was born here

A Somali asylum-seeker who has evaded deportation despite twice being convicted of ID fraud, has walked free from court again after pleading guilty to a £91,000 benefit scam.

A judge ruled that Ayan Ismail, 39, could not be immediately removed from the country because she has a seven-year-old daughter who was born here, even though she was in the UK illegally when she became pregnant.

Adding insult to the decision, crown court Judge David Tomlinson ruled that she would not repay any of the money she has fraudulently claimed, saying:  'Awarding compensation is undesirable in a case like this.'

The mother-of-four's litany of deception began when she entered the country in 1998 as a Canadian citizen by marriage.

Once in the UK, she applied for a national insurance number under a false identity and used it to claim housing benefit council tax benefit, income support, disability living allowance and employment and support allowance.

Under that false name she was convicted at Warwick Crown Court on September 30, 2004 of seeking to remain in the UK, by deception, and was sentenced to six months imprisonment, suspended for twelve months.

Then, using another bogus name of Saediya Mohamed in October 2005 she then successfully applied for permanent leave to remain in the UK as an asylum seeker.

Still in the country, she continued to use a false identity in a bid to claim permanent asylum.

FRAUDSTER - HOW AYAN ISMAIL COST THE TAX PAYER THOUSANDS

1998 -  Ayan Ismail enters the country, a Canadian citizen by marriage, and attempts to claim benefits, income support, disability living allowance and employment and support allowance under a false name.
2004 - She is convicted at Warwick Crown Court of seeking to remain in the UK by deception and is sentenced to six months imprisonment, suspended for twelve months.
2005 - Ismail uses another bogus name of Saediya Mohamed to successfully apply for permanent leave to remain in the UK as an asylum seeker.
2009 - She was sentenced to eighteen months imprisonment for possession of the forged National Insurance card which bore the false name and seeking to obtain leave in the UK by deception.
2010 - Ismail is released and deportation papers are served against her. She begins claiming benefits again under the same false name of Saediya Mohamed
2012 - Her house is raided and a search revealed correspondence in Ismail's name and her fake identity of Saediya Mohamed.
2013 - She is sentenced her to eighteen months imprisonment, suspended for two years, and ordered her to obey a night time electronically monitored home curfew for four months. 
Still in the UK: Ismail is now married, her three oldest daughters were granted temporary visas to enter the UK for her wedding, all are still here. 
She has a seven-year-old daughter and can't be deported until a custody case is resolved.

At Chelmsford Crown Court on June 26, 2009 she received eighteen months imprisonment for possession of a forged National Insurance card, and seeking to obtain leave in the UK by deception.

During this time, Ismail married a UK citizen and her three oldest daughters were granted temporary visas to enter the UK for her wedding, all are still here.

Deportation proceedings were served against the scammer on July 29 2010, but by that time she had given birth to fourth child in Britain and a pending custody case means she still cannot be removed.

At Woolwich Crown Court today, the true cost of Ismail's deception was laid bare.

From December 2005 she had continued to claim £46,634 in housing benefit, £5,047 in council tax benefit, £21,470 in income support, £15,092 in disability living allowance and £3,330 in employment and support allowance.

The benefit payments spanned her second identity fraud conviction and the only gap in payments was between July, 2009 and January, 2010 when she was in custody.

Her home was raided in November, last year and a search revealed correspondence in Ismail's name and her fake identity of Saediya Mohamed.

She collapsed and an ambulance rushed her to hospital, postponing any questioning, and a second interview was abandoned when she turned up with all of her children.

    Prosecutor Miss Eleanor Mawrey told the court: 'Miss Ismail is a Canadian citizen with no entitlement to claim state benefits in the United Kingdom.

    She applied for a National Insurance number in a false name, claiming exceptional need, and for proof of identity included a child benefit claim form and a British Telecom bill.

    'Despite those identity fraud convictions she was still signing forms in the name of Saediya Mohamed' added Miss Mawrey. 'All those claims were fraudulent from the outset.'

    Ismail, of Edington Rd, South East London, above, will remain in the UK because her daughter was born here
    Ismail, of Edington Rd, South East London, above, will remain in the UK because her daughter was born here

    Ismail was sentenced her to eighteen months imprisonment, suspended for two years, and ordered her to obey a night time electronically monitored home curfew for four months.

    Judge Tomlinson told Ismail, who needed the assistance of an interpreter: 'Not for the first time you have adopted a false identity and using that identity you have obtained this money from hard-working people in this country.

    'The aggravating factor is that you have previous convictions and have served a custodial sentence.

    'There is an overwhelming public interest to send out a message by sending you to prison, but there is also the impact this would have on your child.'

    Ismael pleaded guilty one week before her trial to three counts of obtaining a money transfer by deceptions, one count of evading a liability by deception and one count of fraud by failing to disclose information, with intent to make a gain.

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