An Egyptian man with a rare genetic disorder has succeeded in a last-ditch effort to keep him from being deported from the UK.
The 28-year-old Youssef Mikhaiel's deportation was scheduled for Monday, but it was delayed after his case was heard in Edinburgh's Court of Session.
The recently graduated engineer has Fabry disease, a condition that affects the heart, kidneys, and nervous system, but he is unable to receive treatment in his country.
His expulsion from the UK is still planned, according to the Home Office.
For the previous two weeks, Mr. Mikhaiel had been detained at the Dungavel House detention facility in Lanarkshire. On Friday afternoon, he was released on bail.
Within 48 hours, 21,000 people had signed a petition calling for his release.
Mr. Mikhaiel told BBC Scotland that the possibility of deportation was still a concern for him.
"I don't want anything to have an impact on my family or me, as I still care about how my medication condition will affect my life expectancy, my career, and my future.
He said, "I hope it's resolved soon.
Fabry disease is an inherited condition in which lipids, which are fatty substances, cannot be broken down by enzymes, causing them to accumulate in the body.
Chronic pain and high temperatures are among the symptoms of the illness, which can also shorten a person's life span.
The drug migalastat, which is used in Scotland to treat Fabry disease, is allegedly unavailable to Mr. Mikhaiel if he were sent back to Egypt.
Officials at Egypt's Misr International Hospital confirmed that the drug authority does not offer the medication in a letter obtained by BBC Scotland.
It stated that he would undoubtedly suffer greatly or perish if he didn't receive the necessary treatment for his rare disorder in Egypt. ".
The letter also mentioned the roughly 50-year life expectancy for men who were untreated.
Returning to Egypt, according to Mr. Mikhaiel, would have an impact on his physical and mental health.
I didn't request this, he continued.
"Up until my diagnosis by the NHS in Glasgow, I came here legally to study on a student visa.
"It was almost a year before they discovered what I had. ".
Mr. Mikhaiel entered the country in 2016 on a student visa and earned his degree in aeronautical engineering from Glasgow University in 2019.
He applied for leave to remain after learning that he had Fabry disease, and his visa expired that same year.
However, his application was turned down in December 2021 due to a lack of supporting documentation.
He has been reporting to Glasgow immigration officers for the past 12 months.
On May 15, the letter was obtained by his attorney Usman Aslam from Misr Hospital. However, Mr. Mikhaiel was taken into custody the next day by home officials.
Mr. Aslam filed a request on May 19 to have his client released from custody. In order to demonstrate the severity of Mr. Mikhaiel's condition, he claimed to have shown the Home Office the hospital's letter.
He then applied for leave to remain on medical grounds after the Home Office ruled that he should be deported from the UK.
Such claims are based on Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture and other cruel treatment, and Article 8 of the ECHR, which guarantees the right to a family life.
That ought to have prevented that removal, said Mr. Aslam. Story done.
Instead, they persisted in their claim that they would remove him on Monday, June 5.
"That made it necessary for me to appear before Scotland's highest civil court. ".
On Thursday, the Court of Session approved Mr. Mikhaeil's request for a judicial review. The Home Office tried to deport him from the UK while an application was pending, and the court will now have to decide whether or not that was proper.
The day after his release from Dungavel, his partner Sarah Bradley met him at the gates.
According to the Home Office, it declines to comment on specific instances.
In a statement, it was stated: "Detention plays a key role in maintaining effective immigration controls and securing the UK's borders, particularly in connection with the removal of individuals who lack legal authorization to be in the UK but who refuse to depart voluntarily.
"We take the welfare of those in our care very seriously, and we have a number of safeguards in place, such as 24-hour access to medical professionals for those who are detained.
. "
