The Claimant arrived in the UK in November 2002 and was granted leave to remain as a student. He raped a 21 year old female passenger in May 2004 when he was working as a rickshaw driver. Following a trial before His Honour Judge Price and a jury at the Snaresbrook Crown Court in March 2005 he was convicted and sentenced to 8 years imprisonment. The judge made no recommendation for deportation. He added a Sexual Offences Prevention Order (SOPO) prohibiting the defendant for an indefinite period "from becoming involved in any form of private hire transportation". As a consequence of the conviction and sentence the defendant was to be placed on the sex offenders register indefinitely. An application for leave to appeal against conviction and sentence was refused by the single judge and was not renewed to the full Court of Appeal (Criminal Division).