Failed Albanian asylum seeker who worked illegally in Britain dodges jail after hitting man outside a nightclub with a corkscrew
A failed Albanian asylum seeker who struck a man with a corkscrew in a fracas outside a nightclub has walked free from court.
Meklant Braha arrived in the UK after sneaking onto a boat to cross the English Channel three years ago.
A court heard he was refused asylum in 2023 but is appealing the decision and has been working in his uncle's bar in a seaside town.
Magistrates heard that after finishing a shift at the bar in Bournemouth, Dorset, the 20-year-old claimed he saw a fight in the vicinity of the town's Cameo nightclub and stepped in to help.
But a drunken Braha said he felt threatened and grabbed the corkscrew that was in his pocket to 'fight his way out'.
Robert Salame, prosecuting, told Poole Magistrates' Court: 'A fight occurred outside Cameo nightclub between two individuals, the defendant and another.
'It was following an argument that the fight occurred where the defendant struck a male with a corkscrew bottle opener.'
Braha told police he had the corkscrew in his pocket from work and forgot it was still in there.
He was held in custody for seven days while checks were carried out into his immigration status.
The court heard he was aged 17 when he made his own way from Albania to France and then crossed the Channel where he handed himself in to authorities to claim asylum.
He claims he is being pursued by people that could kill him in Albania.
It is not known why his claim for asylum was refused but he is appealing.
Isobel Laughton, from the Probation Service, told the court on Wednesday: 'He travelled from Albania to the UK three years ago. He had problems at home and cannot go back.
'He made his own way to France, which he described as frightening and he would often hear gunfire from the woodland where he was hiding.
'He snuck into a boat and crossed the Channel then surrendered to police when he arrived in the UK and sought asylum.
'He is a failed asylum seeker, he has an outstanding appeal against the decision.
'No decision will be made on his deportation until the conclusion of this criminal matter but he has no legal status to remain in the UK.'
The court heard he had been receiving financial support from the government but this had been stopped.
He is not legally permitted to work in the UK but helps out at his uncle's bar to earn 'his keep' and had enrolled at college to study English and maths.
Braha, who has no previous convictions, pleaded guilty to possessing an offensive weapon in a public place.
Kevin Hill, defending, said: 'He admits he was intoxicated, there were people fighting and he got caught up in it because he was concerned about a young woman.
'He felt at the time he needed to defend himself and had the corkscrew in his pocket.
'He accepts he went over the top and his perception and judgement had been affected by alcohol.
'He has expressed his remorse, he is very sorry being in the position he is.'
Mike Trevett, chair of the magistrates, said: 'We have heard a lot about asylum and immigration status but we have discounted those from our deliberations as that is not why we are here today.
'You engaged in a fight that was already going on, that's a risk of serious disorder, and we have heard you used the corkscrew as a weapon, although that isn't something you have been charged with.'
Braha, who lives with his uncle in Poole, was given a four-month suspended prison sentence and ordered to carry out 200 hours of unpaid work and pay £154 surcharge and £85 costs.
Asylum seekers are not normally allowed to work whilst their claims are being considered, but the Home Office may grant permission to work in a limited number of roles where claims been outstanding for more than 12 months through no fault of the asylum seeker.
Any permission to work granted will come to an end if their claim is refused and any appeals rights are exhausted because at that point, they are expected to leave the UK.
Those who are granted leave have unrestricted access to the labour market.
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