A JAMAICAN rapist cannot be deported because his crimes are too severe and would put his “life at risk” in his home country.
The convicted sex attacker entered a witness protection program on the Caribbean island as a child.
This was because his mother testified about a murder committed by a gang leader.
He later relocated to the UK where he was sent to prison multiple times for rape, unlawful wounding and burglaries.
The Home Office tried to deport him but he appealed on the grounds that he would not be allowed back into witness protection in Jamaica.
His argument was initially dismissed but has now been allowed by an immigration tribunal on human rights grounds.
Now the criminal – who was granted anonymity – will be allowed to remain in the UK.
The appeal level of the Immigration and Asylum Chamber was told the sex offender entered the UK in 2001 as a visitor.
As a child his mother was a police informant for many years and aided the conviction and imprisonment of a gang leader for murder.
As a result of this the family entered Jamaican witness protection in 1997, the year he turned 13, and two years later his mother relocated to the UK.
He stayed in Jamaica and was moved around several times by the witness protection team.
After entering the UK in 2001, the criminal was initially granted leave to remain as a student and then became a visa overstayer.
GoogleGeneral view of the Upper Tribunal Immigration and Asylum Chamber, Field House[/caption]
He applied for asylum in 2006 but while his application was pending he was convicted of unlawful wounding and burglaries.
He was given a prison sentence of four years and eight months in 2009.
Four years later, and by then an adult, he was jailed for nine years for rape.
Following his release he was recalled to prison in November 2022.
The Home Office first issued a deportation order in 2019 on the basis that his convictions excluded him from refugee protection.
The Jamaican appealed this on the grounds he would be “at risk” if he was sent back.
Prior to the hearing, the Home Office contacted the Jamaican Ministry of National Security to confirm if he had been in the witness protection program.
Officials in Jamaica said the likelihood of harm to him would be “high” and there was also a risk of “psychological trauma” if he returned.
The Ministry added there was “no guarantee” he would be accepted back into witness protection.
His 2023 appeal was dismissed on the basis there was a “real possibility” he would be allowed back into witness protection.
However, a judge has now ruled that decision was wrong.
Judge Leonie Hirst said there was a “real risk” the rapist would not be allowed back into witness protection.
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