Jamaican migrant jailed for raping his spouse and his sister in Britain wins proper to remain right here as a result of he’s now bisexual and dwelling with a youthful man

A migrant who was jailed for raping his wife and his sister in Britain won’t be deported because he is bisexual.

The 51-year-old – who claims he is a famous musician and teacher in Jamaica – was jailed for a total of 18 years, but can’t be deported because it would violate his rights under the European Convention on Human Rights (ECHR).

He was given a deportation order from the Home Office in July 2018, but he claimed asylum because he said that he would be at risk if he returned to Jamaica as a bisexual man.

The Home Office rejected his claim because he had been convicted of a ‘particularly serious offence’ and his presence in the UK was a ‘danger to the community’.

He appealed this decision, and a First-tier Tribunal dismissed his appeal but said that he was bisexual, concluding that he was leading a gay lifestyle in the UK and would do so in Jamaica.

However,  in an appeal of that decision at the Upper Tribunal, the migrant won his case under Article 3 of the ECHR.

An immigration judge said ‘there is nothing positive to say about his presence in the UK’ and that deporting him is in the public interest, but had to allow the migrant’s appeal against deportation because he will be at risk of harm due to his sexuality.

The Upper Tribunal heard that he claims to now be with a man who is younger than him and was 20 when they became engaged. 

The tribunal was told that he came to the UK in 2003 legally and took up a senior teaching role, and was joined by his wife and his sister.

In 2013, at Basildon Combined Court, he was convicted of two counts of rape against his wife and jailed for five years and placed on the Sex Offenders Register for life.

A year later, he was convicted of historical sex offences for the attempted rape of a female under 16 years, rape of a female over 16 years, and penetrative sex by a person over 16 on an adult relative over 18.

He was jailed at Basildon Crown Court for 13 years.

When sentencing him, the judge at the time said: ‘You are a manipulative bully, using the complainant, complaints and threats to control her.

‘You’re a man who’s already been convicted of two counts of rape against your wife, and even that conviction, when it came out, you sought to justify and try to say that it was now subject to appeal: another lie that trips so easily from your tongue.

‘I have no doubt you will continue to minimise and blame others for this conviction.

‘It would appear that [OB] also managed to manipulate his family to ensure that they did not believe his sister, which led to his first arrest for these offences against her to be dropped’

Article 3 of the ECHR states ‘no one shall be subjected to torture ‘, and that protection is absolute, meaning that the migrant’s criminality does not matter when determining an appeal.

The migrant has also been granted anonymity and was only referred to as ‘OB’. 

Upper Tribunal Judge Joanna McWilliam ruled that there is a risk that the migrant faces harm if he is deported because it is illegal to be in a homosexual relationship in Jamaica.  

She said that although the Home Office said the attitude to homosexual people in Jamaica was improving, this was not the case.

Judge McWilliam said that the migrant had been called a ‘batty-man’ when he lived in Jamaica and that he had been attacked for being perceived as gay.

He told the tribunal that he was a ‘well-known’ musician and teacher in Jamaica, because he was a head of music at major schools and performed at national and international music festivals.

He said that his family is religious and they have not accepted his sexuality, and they have made ‘threats’ to his life.

Judge McWilliam said that prosecutions for homosexuality are now less frequent, but gay people still suffer from ‘mob violence’ and this would be a risk for the migrant.

She said: ‘On the basis that the [OB] is a bisexual man, I accept that there are aspects of his case which are supported by the background evidence.

‘Moreover, while the [Home Office] says that [OB] has not provided evidence of past persecution, he mentioned past persecution in his asylum interview.

‘He said that he was regularly hit with sticks and was hit with a bottle. He was beaten up when he was aged eighteen by a group of men with weapons.

‘They called him Batty Man. I have considered what [OB] said in the interview in the round.

‘Whilst I have great reservations about much of what [OB] says, considering this evidence in the context of the background evidence as a whole, it is credible that [OB] who has been found to be bi-sexual by the First-tier Tribunal would have been perceived as gay and that as a result he would have been subject to attacks. 

‘I accept that he was attacked, applying the lower standard of proof.’

Judge McWilliam ruled that if the decision had been based on Article 8 of the ECHR, she would not have allowed the appeal decision, saying that Article 3 is an ‘absolute non-derogable right’.

She said: ‘The comments of the sentencing judge about [OB] are illuminating. Having heard him give evidence I reach the same conclusion about his character.

‘In the absence of risk under Article 3, I would have no hesitation in dismissing the appeal under Article 8.

‘The [Offender Assessment System] report presents a negative picture of the [OB] who has at no time accepted responsibility for his heinous crimes.

‘The author of the report states that [OB] portrayed himself as the victim and that he was unable to show remorse. [OB] remains a risk to the public.

‘There is nothing positive to say about the [OB’s] presence in the UK. His philanthropic claims are fictional.

‘He presents a risk to children and young people. Hopefully he will not be placed in a position of trust in the future.

‘[OB’s] deportation is in the public interest and the only rational conclusion that could be reached on the evidence, in the absence of a risk under Article 3, is that any breach of [OB’s] rights under Article 8 would not come close to outweighing the public interest in his deportation.’

A Home Office spokesman said they can’t comment on individual cases, but 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.’