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WATCH: Martin Daubney blasts 'state failure' over inability to deport migrant who threatened Nigel Farage
Oct 14, 2025
A top human rights lawyer has hit out at the sentencing of Afghan migrant Fayaz Khan as he warned the man who threatened to kill Nigel Farage could be "living round the corner" from the Reform UK leader in 18 months.Speaking to GB News, David Haigh took aim at the "utterly absurd" judicial system, declaring the Home Office has "no power" to deport Khan back to Afghanistan.FULL STORY HERE.
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Let's continue this conversation now with my next guest
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Let's speak with the international human rights lawyer, David Hay. David, welcome to the show once again
0:08
We spoke about this case on Friday and we predicted, did we not
0:13
that he would get a custodial sentence, but we'd be powerless to deport him because, of course
0:18
he's an Afghan national. Now, the Home Office can bang on all they like, David, about they'd like to do everything within their powers
0:24
and that's the point. They haven't got the power to deport this guy to Afghanistan
0:27
because we have no returns agreement. This guy, Fayez Khan, is now very much a British taxpayer's problem
0:35
Good afternoon, Martin. I think you hit that nail on the head when you said within their power. I mean, you know, for once, I'm pleasantly surprised with the sentence of the judge
0:42
I actually thought it would be around kind of the one year mark and we'd be having a debate over whether or not the 12 month basically duty to deport actually was in place
0:51
So that clearly is effectively anything over 12 months. The Home Secretary is under a duty to deport them unless there are human rights arguments where they must stay
1:01
Now, the problem that we've got with this chap, I'm not going to use the word gentleman, is that regardless of what he said is he was being taken down to the cell saying he wants to go back
1:10
He will come out after about doing 30 to 18 months let say he will be free from from jail Now how do we deport him if we look at the practicalities if he from Afghanistan We are not able to because there no returns agreement
1:25
So if we're not able to do that, despite the fact that he says at this stage he wants to go
1:29
I'm sure that might change in 18 months. So Nigel Farage is correct in thinking that he could be living on a street
1:34
around the corner from him in 18 months. And that's the point
1:39
Now, this case, as we said last week, David, it exemplifies and crystallizes everything that's wrong about our broken asylum system, about our neutered, impotent ability to deport people to so-called hostile states
1:55
He wants to go back to Afghanistan, for God's sake. He actually wants to go back
2:00
And yet we were the ones that would be unable to do that. Sweden, he was wanted in Sweden, of course, for a multitude of live cases
2:08
they did initially want to take him back, but now he's been found guilty in Britain
2:12
They've got no interest. And why would they want any interest in taking this individual back
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And in 18 months' time, you could be wandering around the street, and guess what? The British taxpayer will no doubt be tucking this guy up
2:24
in a free hotel or a free HMO. It an astonishing failure of state I mean it utterly absurd As you sit here you kind of just digest the facts and the fact that someone is here they committed a very serious offence against one of our politicians
2:41
potentially inciting other people to do that. And even if they want to go back
2:45
because of the practicalities in the law that we have at the moment, it's all very well the Home Office saying
2:48
they'll do everything in their power. They don't have the power to actually send that person
2:53
back to a country where there's no returns agreement. They cannot do it. So what do we do
2:58
He's stuck here. And he can't stay in prison, so he will effectively be released onto the streets
3:02
That's the only way around it, unless he voluntarily, once he's released onto the streets
3:06
gets on a plane himself and goes back. Of course, that's one way, but that's not a process where we can force him to do that
3:12
The minute there's some form of force, then the human rights laws come into play, and there's the problem
3:17
So, like I said, in 18 months, this chap will be on the streets in England. And even if he wanted to go home, probably somebody would talk him out of it
3:24
They'd say, oh, no, even though you want to go home, it's probably best you don't, because, you know, they might have chicken nuggets you don't like
3:30
or some other absurdity. But on a serious point, David, the Germans
3:36
they managed to muster up a returns deal with Afghanistan. They send people back to the Taliban
3:40
And it's all about something you and I talk about a lot on this show
3:44
It the political will to actually stand up against these causes and say do you know what No we going to stand up for our own sovereign rights our own sovereign law put that first and to heck with the ECHR
3:57
Germany have done it. Poland have just stood up to the European Union. Why on earth can't the British politicians grow a pair and do it themselves
4:04
I think it's very difficult. When you come to a country like Afghanistan, I mean, you know, there are some grave human rights abuses
4:09
that are going on there at the moment. So I think, you know, from most sides of the spectrum
4:13
it is difficult to put that in place. But like I said, like you said, if there's no political will, people can't even open that conversation
4:19
So I think a country like Afghanistan, there is always going to be problems and there's always going to be arguments
4:24
Why not send people that back, particularly women, particularly children? But there may be potentials, assurances that you could look at if they're men of a certain age
4:34
But if we can't even open that discussion, then we're not going to find a solution
4:38
And the solution shouldn't be that we have to keep that gentleman here. There must be another solution
4:44
As I said, David Hayes, this story is actually, I think, a test case, a petri dish of our impotence
4:51
of our incompetence and everything that's wrong. What do you need to do to get deported
4:55
You're trying to kill a political leader and it still becomes a very, very modern British problem
5:02
International human rights lawyer, David Hayes, it's always a great pleasure to have your take on matters
5:06
Thanks for joining us on GB News this afternoon
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