Jailed Jamaican migrant avoids deportation after tribunal accepts bisexual status

A Jamaican national, aged 51, who has been convicted of raping his wife and other sexual crimes, received an 18-year prison term but was not ordered to leave the United Kingdom. He applied for asylum, arguing that his bisexual orientation would expose him to danger if he returned to Jamaica, where homosexual relationships are illegal and socially stigmatized. The Home Office dismissed the claim, citing his serious offences and public safety concerns, but the Upper Tribunal overturned the decision, invoking Article 3 of the European Convention on Human Rights to prevent potential persecution.

The judge highlighted evidence that the applicant had previously been assaulted in Jamaica and labeled as a “batty-man,” indicating a credible risk of harm. While the tribunal acknowledged his criminal history and ongoing risk to the community, it concluded that the risk of torture or inhuman treatment outweighed the public interest in his removal.