A 51-year-old migrant who raped his wife and sister has won an appeal to remain in the UK after claiming he is bisexual. The man, who cannot be named for legal reasons, avoided deportation 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.
Background of the case
The man 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.
A deportation order was issued in July 2018 while he was 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.
Judge's ruling
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.”
Home Office response
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.”
