Return of the rapist

Is British justice taking a battering from Mike Tyson? asks Urvasi Naidoo, as Scotland prepares to play reluctant host to a controversial heavyweight fight in July

Despite huge opposition, the Home Secretary, Jack Straw, announced earlier this month that Mike Tyson would be allowed back into the UK to fight Lou Savarese in Scotland on 24 June.Under the current immigration rules, foreign boxers coming to the UK for one fight do not require a work permit and are granted entry to the UK as visitors.

Entry should normally be refused to anyone who has committed a crime abroad that would carry a sentence of 12 months or more in the UK, unless there are compassionate reasons.Tyson is a convicted rapist, yet earlier this year he was granted admission to the UK to fight Julius Francis, a British challenger.

He won and walked away with a 5 million purse.

He also managed to deal a low blow to the UK immigration system.Despite his impressive boxing record, 'Iron' Mike Tyson is also famed for his violent outbreaks and his disregard for etiquette in the ring.

His former wife successfully sued him for sexual harassment and assault.

In 1992, he was convicted of rape and was jailed for six years.

After his release in 1997, Tyson fought Evander Holyfield.

He was disqualified and fined $3 million for biting his opponent's ear during the fight.

In 1999, Tyson was again convicted and jailed for assaulting two motorists.

His comeback fight following that stint inside was declared a no contest when Tyson knocked his opponent down after the bell.

More recently there have also been reports that he had allegedly assaulted a night club employee.Only certain nationalities need a visa before travelling to the UK.

Tyson, a US national, does not require such a visa.

Ordinarily, immigration officers at the airport would have determined his entry, by referring to a suspects index of some 500,000 names.

This list is updated regularly, but is not conclusive.

It is a list of persons who should be denied entry.

Tyson's name is actually on this list, so why was he granted entry in January and why will he be granted entry again next month?In January Jack Straw made an intervening decision on the basis that there would be widespread economic damage if the fighter were refused entry and the fight, which was already arranged, had to be cancelled.

He was satisfied that this amounted to sufficient compassionate circumstances to grant Tyson entry to the UK.On this occasion the Home Secretary has stated that preventing the fight would cost the country money and would tarnish its reputation as a venue for major sporting events.

Perhaps he was also influenced by Tyson's popularity and his super-star status.If a criminal is not on the suspects index and has not disclosed his criminal past, it is likely that they will be granted entry.

Some 40 million visitors come to the UK every year and who knows how many have criminal records.

Those who do not live in the public glare may well have escaped the attention that Tyson has been given.

In recognition of this loophole, the Home Secretary has now ordered a full review of the immigration rule relating to entry of those with criminal convictions.If a British boxer with a past conviction had to travel to the US for a fight, there would be similar hurdles.

A leading US lawyer specialising in immigration law was of the opinion that if the Tyson situation were reversed he would eventually be granted entry to the US because of the commercial aspects involved in such a huge sporting event.The rules state there should be compassionate circumstances to warrant the granting of entry to the UK.

In the case of this second trip to the UK there are no compassionate circumstances, only political and financial ones.Tyson, being from the US and being famous, has managed twice to circumvent the current immigration rules whereas others visitors, perhaps more deserving, have not.

No sports person is above the law, be it criminal, civil or immigration law.

Let's hope Lou Savarese puts up more of a fight than Jack Straw.Urvasi Naidoo is a specialist in immigration law at London-based law firm Kingsley Napley