A migrant who raped his wife and sister has won a case to stay in Britain after claiming he is bisexual. The 51-year-old has avoided being deported to Jamaica after an immigration judge ruled it would violate his rights under Article 3 of the European Convention on Human Rights (ECHR), which protects against inhuman treatment.
The judge said the man would likely be “at risk” of being targeted for his sexuality. The man, who cannot be named for legal reasons, was first jailed in 2014 for raping his wife twice. According to reports, a year later, he was sentenced for historic attacks on his younger sibling.
The court heard his sister was under 18 at the time and he was jailed for another 13 years. The man was issued with a deportation order in July 2018 while still behind bars, according to The Sun which revealed the story. Less than two weeks later, he claimed asylum, arguing he was bisexual and at risk of being killed in Jamaica for his sexuality.
His appeal to remain in the country has now been allowed. In a ruling obtained by The Sun, Upper Tribunal Judge Joanna McWilliam said: “The appellant will be perceived as gay, and it is likely in those circumstances taking into account the appellant’s profile that he will be at risk of homophobic intolerance, harassment and ill-treatment which would amount to an infringement of his Article 3 ECHR rights.”
She described the sex offender as an “unimpressive witness”, adding he “sought to exaggerate and embellish his evidence throughout these proceedings”. Despite allowing the appeal, Judge McWilliam said: “There is nothing positive to say about the appellant’s presence in the UK.”
While the Home Office said it cannot comment on individual cases, a spokeswoman said: “We are reforming our human rights laws to prevent them being abused by foreign criminals with no right to be in the UK. This includes domestic legislation to tighten the application of the European Convention on Human Rights in immigration cases, and working with European partners to ensure it remains fit for modern migration challenges.”
