A fugitive asylum seeker wanted in France after stabbing a man in a migrant camp walked free from court after a judge’s ‘packed diary’ enabled him to stay in the UK on human rights grounds.

Sudanese national Mohammed Ali, 20, dodged extradition to France and will continue to ‘to receive a substantial package of support’ from a local council after he was attacked with a machete and spent eight weeks in hospital, District Judge Hina Rai said in a written judgement at Westminster Magistrates’ Court.

It also emerged during the extradition case that while on the run, Ali was given five years leave to remain in the UK by the Home Office despite his ‘limited family ties in the UK’.

It means he can remain here until at least September 2027 and can apply to extend the controversial temporary asylum.

For European requests, a full extradition hearing should be started within 21 days of the arrest, although cases can be adjourned.

Delays with Ali’s case meant his full hearing did not take place for more than ten months after his arrest.

But Judge Rai then handed down judgment on the very day he had been in custody in the UK for a year, the length of the sentence imposed in France in his absence, so she said the extradition would breach his human rights.

Had Ali’s case been heard sooner, he could have been extradited and unable to legally return to the UK.

Alp Mehmet, Chairman of Migration Watch UK, said: ‘Yet again, what seems to be both illogical and irrational wins out and the taxpayer is made to pay. 

‘Another thug has slipped through the modern Maginot Line and will doubtless be allowed to stay for good on human rights grounds. What utter madness.’

Ali entered the country illegally through an unknown means in 2022, as an unaccompanied minor, before being placed into foster care.

He fled after he stabbed the victim with a pair of scissors in a Calais camp on November 7, 2021.

The attack caused three puncture wounds before Ali, also known as Moya Mahmoud, was arrested by French police.

He told officers he acted in self-defence during the attack when he was aged just 15.

He was later charged with one count of assault with a weapon, but fled France before trial, the court heard.

Ali was later tried in his absence and convicted before being sentenced to a year in prison at Boulogne Youth Court.

He was arrested in the UK by the National Crime Agency (NCA) under a warrant from France on February 3, 2025, and remanded in custody to face extradition.

At Ali’s initial hearing, on February 4 2025, his full hearing was scheduled for six months later on August 4.

That hearing did not proceed and finally took place on December 17.

The court heard that while in the UK, Ali had been drawn into further violence and was attacked with a machete.

Judge Rai wrote in her judgement: ‘As a result of the attack (he) suffered a broken right leg requiring multiple operations and a skin graft from his left leg. He spent eight weeks in hospital.’

He is receiving ‘a substantial package of support from Bedfordshire Council to aid his recovery’, she wrote.

The court considered a 392-page bundle of evidence as Ali argued he should not be extradited, however, it appears to have been a waste of public expense due to the date Judge Rai handed down Ali’s judgment.

She wrote: ‘At the conclusion of the hearing, it became apparent that due to the upcoming Christmas period and other commitments in my diary, I would be unable to hand down judgment until February 4 2026.

‘That is the date the requested person (RP) completes his one-year sentence... the RP has nothing further to serve. In those circumstances, I find extradition would not be compatible with his convention rights under the Human Rights Act 1998.’

He was released from custody with no further action.

A Home Office spokesperson said: ‘All asylum claimants are subject to mandatory security checks to confirm their identity and to link it to their biometric details for the purpose of immigration, security and criminality checks.

‘We own a number of agreements with countries which enable the sharing of criminal record information. We continue to work on new agreements to ensure caseworkers are able to take into account prior criminality when assessing a claim.

‘Refugee status may be refused or revoked where an individual has committed a particularly serious crime in the UK or overseas, if they represent a danger to the community.

‘Mandatory security checks apply each time a person applies for leave. Under the future ‘core protection’ system, this means that security checks will be conducted every 30 months. Where criminality has occurred or since been identified, further leave may be refused.’

A Ministry of Justice spokesperson said: ‘Westminster can list nine full extradition hearings each day. The exact number depends on the planned length, and this is in addition to new arrests, remand hearings and other interim listings. In total, up to 50 extradition related cases can be listed each day.

‘For cases, involving European countries under post‑Brexit arrangements, full hearings are currently listed within around four months of the initial hearing.’

Bedfordshire Council has been contacted for comment.