A Jamaican rapist cannot be deported from the UK because his criminal record is so severe it would likely prevent him from accessing witness protection in his home country, an immigration tribunal has ruled.
The man, who was jailed for nine years for rape, successfully appealed against deportation on the grounds that returning to Jamaica would put his life at risk.
The Upper Tribunal determined that his removal would breach Article 3 of the European Convention on Human Rights, which protects against persecution and degrading treatment.
The convicted sex attacker entered the witness protection programme in Jamaica as a teenager with his mother, who was a police informant that helped convict a gang leader of murder.
He entered the UK in 2001 as a visitor, after spending more than a decade in witness protection in Jamaica.
While seeking asylum in 2006, he was convicted of unlawful wounding and burglaries, receiving a sentence of four years and eight months in 2009.
He was later jailed for nine years for rape in 2013 and recalled to prison in November 2022.
The Home Office first issued a deportation order in 2019, arguing his convictions excluded him from refugee protection.
He appealed to a first-tier tribunal, which heard from Jamaican security ministry officials that he would likely suffer "harm" and risk "psychological trauma" if returned.
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Despite officials stating there was "no guarantee" he would be accepted back into witness protection, the tribunal initially dismissed his claim.
The tribunal believed there was a "real possibility" he would be allowed back into the programme and therefore not at risk.
The Jamaican appealed this decision, arguing the tribunal had "failed to consider" his criminal record and mental health issues when assessing his chances of re-entering witness protection.
Upper Tribunal Judge Leonie Hirst ruled the standard of proof had been misapplied in the earlier hearing.
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The judge concluded: "It was not in dispute that there was a real risk of harm to [him] from non-state actors, namely criminal gangs."
She added that given it was "common ground" there was a real risk he wouldn't be admitted to the witness protection programme, "the appeal would fall to be allowed."
The case, disclosed in court papers, is just the latest example in a growing list of convicted foreign criminals who have seen their deportations overthrown by claiming human rights breaches.
There are currently a record 41,987 outstanding immigration appeals, largely on human rights grounds.
Find Out More...
The man, who was jailed for nine years for rape, successfully appealed against deportation on the grounds that returning to Jamaica would put his life at risk.
The Upper Tribunal determined that his removal would breach Article 3 of the European Convention on Human Rights, which protects against persecution and degrading treatment.
The convicted sex attacker entered the witness protection programme in Jamaica as a teenager with his mother, who was a police informant that helped convict a gang leader of murder.
He entered the UK in 2001 as a visitor, after spending more than a decade in witness protection in Jamaica.
While seeking asylum in 2006, he was convicted of unlawful wounding and burglaries, receiving a sentence of four years and eight months in 2009.
He was later jailed for nine years for rape in 2013 and recalled to prison in November 2022.
The Home Office first issued a deportation order in 2019, arguing his convictions excluded him from refugee protection.
He appealed to a first-tier tribunal, which heard from Jamaican security ministry officials that he would likely suffer "harm" and risk "psychological trauma" if returned.
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Despite officials stating there was "no guarantee" he would be accepted back into witness protection, the tribunal initially dismissed his claim.
The tribunal believed there was a "real possibility" he would be allowed back into the programme and therefore not at risk.
The Jamaican appealed this decision, arguing the tribunal had "failed to consider" his criminal record and mental health issues when assessing his chances of re-entering witness protection.
Upper Tribunal Judge Leonie Hirst ruled the standard of proof had been misapplied in the earlier hearing.
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The judge concluded: "It was not in dispute that there was a real risk of harm to [him] from non-state actors, namely criminal gangs."
She added that given it was "common ground" there was a real risk he wouldn't be admitted to the witness protection programme, "the appeal would fall to be allowed."
The case, disclosed in court papers, is just the latest example in a growing list of convicted foreign criminals who have seen their deportations overthrown by claiming human rights breaches.
There are currently a record 41,987 outstanding immigration appeals, largely on human rights grounds.
Find Out More...