A Somalian overstayer, who has been twice convicted of identity fraud and successfully battled deportation for a decade, has avoided prison for a £91,000 benefit swindle.
Mother-of-four Ayan Ismail, 39, of Edington Road, Abbey Wood has persistently lied and broken the law to obtain residency in the UK since 1998, but this latest conviction is no guarantee she will finally be removed from the country.
Her three oldest daughters were granted temporary visas to enter the UK for her wedding, but have never left and she has since given birth to another girl in this country during her failed marriage to a UK citizen.
Until the custody of that child is settled all deportation proceedings have been postponed even though Ismail was served with removal papers on July 29, 2010.
Taxpayers will not see one penny of their money returned after Woolwich Crown Court Judge David Tomlinson announced: "Awarding compensation is undesirable in a case like this."
He sentenced her to eighteen months imprisonment, suspended for two years, and ordered her to obey a night time electronically monitored home curfew for four months.
Ismail, who obtained Canadian citizenship via marriage, successfully applied for a National Insurance number in a false identity in October, 2005 and immediately began claiming housing benefit; council tax benefit; income support; disability living allowance and employment and support allowance.
Using the bogus name of Saediya Mohamed she successfully applied for permanent leave to remain in the UK, but was stripped of this right after her second identity fraud conviction.
Under another false name she was convicted at Warwick Crown Court on September 30, 2004 of seeking to remain in the UK, by deception, and was sentenced to six months imprisonment, suspended for twelve months.
At Chelmsford Crown Court on June 26, 2009 she received eighteen months imprisonment for possession of a false identity document, namely a forged National Insurance card, and seeking to obtain leave in the UK by deception.
Prosecutor Miss Eleanor Mawrey told the court: "Miss Ismail is a Canadian citizen with no entitlement to claim state benefits in the United Kingdom.
"She applied for a National Insurance number in a false name, claiming exceptional need, and for proof of identity included a child benefit claim form and a British Telecom bill.
"The National Insurance number was issued in that false name, but as a Canadian citizen Miss Ismail was not entitled to one and if her true identity was known it would not have been issued.
"The number entitled her to claim state benefits," explained Miss Mawrey, who said the fraud lasted from December 5, 2005 until March 6, last year.
Ismail claimed £46,634 in housing benefit; £5,047 in council tax benefit; £21,470 in income support; £15,092 in disability living allowance and £3,330 in employment and support allowance.
Her home was raided in November, last year and a search revealed correspondence in Ismail's name and her fake identity of Saediya Mohamed.
She collapsed and an ambulance rushed her to hospital, postponing any questioning, and a second interview was abandoned when she turned up with all of her children.
The benefit swindle spanned her second identity fraud conviction and the only gap in payments was between July, 2009 and January, 2010 when she was in custody.
"Despite those identity fraud convictions she was still signing forms in the name of Saediya Mohamed," added Miss Mawrey. "All those claims were fraudulent from the outset."
Ismail's lawyer Mr. Ian Dowty told the court: "She is somebody who has had an unfortunate childhood in Somalia, where she witnessed matters that traumatised her, the killing of her uncle and aunt.
'This comes from a childhood where nothing is safe and death is around the corner.
"She has been treated for post-traumatic stress disorder and it requires some courage on her part to accept the current situation.
"It is right that she does not read or write english and someone else must have assisted her to fill out the forms. She was assisted by her latest husband, but she knew perfectly well she was not entitled to benefit.
"It is difficult to say she is not a dishonest woman because she is, but it is in a certain area and the only reason that she remains here is because her seven year-old daughter is a British subject."
The court heard Ismail fled an abusive marriage in Canada to a man nearly thirty years her senior and moved in with a cousin who lived in London.
"She is now surviving in this country without benefits with the help of people who have rallied around to support her," explained Mr. Dowty.
Judge Tomlinson told Ismail, who needed the assistance of an interpreter,: "Not for the first time you have adopted a false identity and using that identity you have obtained this money from hard-working people in this country.
"The aggravating factor is that you have previous convictions and have served a custodial sentence.
"There is an overwhelming public interest to send out a message by sending you to prison, but there is also the impact this would have on your child."
Ismael pleaded guilty one week before her trial to three counts of obtaining a money transfer by deceptions, one count of evading a liability by deception and one count of fraud by failing to disclose information, with intent to make a gain.
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