AN Egyptian man with a rare genetic disorder who was facing deportation has won his right to stay in the UK until 2026.
Youssef Mikhaiel was due to be deported in June although this was postponed after a ruling at the Court of Session in Edinburgh.
However, the Home Office has now granted him leave to remain for two more years, the BBC reports.
The 28-year-old has Fabry disease, which damages the heart, kidneys and nervous system and is unable to access treatment in his home country.
In a letter seen by the BBC, the Home Office said it would exercise discretion due to Mikhaiel’s “exceptional circumstances”.
Speaking to the broadcaster, he said: “Until this moment, I wasn’t able to process it. You are being treated as a criminal and I didn’t have access to proper medical treatment.
“You fight for years for treatment and then all of a sudden, you could be deported. I can take a breath now. I have skills and would like to invest more in myself.
“And now I can start my treatment. In the beginning, it had stopped until we knew whether I was going to stay or be deported.”
What is Fabry disease?
Fabry disease is an inherited condition in which enzymes cannot break down fatty materials known as lipids, meaning they build up in the body.
The symptoms include high temperatures, chronic pain and an inability to sweat.
Mikhaiel's case hinged on a letter which was sent by officials from the Misr International Hospital in Egypt.
It confirmed the country’s drug authority did not provide a medicine called migalastat, which is used in Scotland to treat the disease.
The 28-year-old explained: “The treatment is not available at all and you don’t even have access to proper diagnosis for Fabry disease,
“First of all, this is my life. It affects my lifespan – the maximum is 50 years old for males and I am 28.
“I would like to have a career, have a future and build a family. So this was critical for my life.”
Mikhaiel first arrived in Scotland on a student visa in 2016 and graduated in aeronautical engineering at Glasgow University in 2019.
His visa expired the same year and he applied for leave to remain after he was diagnosed with Fabry disease.
However, his initial application was rejected after he was deemed to have failed to provide evidence of his illness.
When the Home Office ordered he should be removed from the UK, he applied for leave to remain on medical grounds.
However, he was detained and held at Dungavel (below) in May this year – just a day after his lawyer obtained evidence from Egypt.
A petition for judicial review into the decision to detain him was accepted by the Court of Session in June and Mikhaiel was released from detention.
The Home Office has now confirmed he can remain in the country until April 26, 2026.
Its letter stated: “Although you do not qualify for leave to remain in the United Kingdom under the immigration rules, it has nonetheless been decided that discretion should be exercised in your favour.
“You have therefore been granted limited leave to remain in the United Kingdom in accordance with the principles set out in the Home Office policy instruction on discretionary leave.”
However, Mikhaiel’s solicitor Usman Aslam has said his client should have been released as soon as evidence was provided on treatment in Egypt.
He said: “I think there are a lot of questions that still need to be answered. He should not have been detained or spent that amount of time in detention.
“What should have happened is that the Home Office should have contacted me. We have the evidence from the Egyptian hospital, including the Egyptian drug authority, confirming that it would shorten his life.”
The Home Office said it did not comment on individual cases although a spokesperson added: “All applications for leave to remain are carefully considered on their individual merits, on the basis of the evidence provided and in accordance with the immigration rules.
“We only return those with no legal right to remain in the UK and will not return anyone to remain in the UK and will not return anyone to countries where they have been found to be at risk of persecution or serious harm.”
