A Jamaican man convicted of rape will not be deported from the UK following his release from prison, as judges determined that his bisexuality places him at risk of persecution if returned to Jamaica.
The man, identified only as ‘AA’, was convicted in 2018 for raping a woman who was asleep and under the influence of alcohol at a party where he, too, had been drinking and using cannabis.
Initially claiming ignorance of the crime’s severity, he later apologized to the victim in writing and completed a victim awareness course. Despite serving a seven-year sentence for the serious offence, immigration judges upheld his right to remain in the UK, rejecting Home Office arguments that he remained a danger to the community.
The tribunal considered ‘AA’s’ traumatic past, which included violent attacks in Jamaica that left him with lasting physical scars. According to Judge Mary Mulready, ‘AA’s’ past experiences and fears of further persecution in Jamaica due to his bisexuality constituted a "well-founded fear." This was supported by expert evidence highlighting systemic anti-LGBTQ+ discrimination and violence in Jamaica.
While the tribunal acknowledged ‘AA’s’ remorse for his actions, it also emphasized that much of his regret seemed tied to the consequences of his imprisonment rather than the harm caused to the victim. However, judges deemed that he had been incentivized to avoid reoffending due to the threat of further incarceration.
An upper tribunal judge, Melissa Canavan, affirmed the initial ruling, emphasizing the "embedded nature of anti-gay and LGBTQI+ attitudes in Jamaica." She concluded that returning AA to his home country would likely expose him to further harm akin to the violence he previously endured.
The Home Office expressed disappointment with the decision, maintaining their stance on deporting foreign offenders. A spokesperson stated, "We make no apology for trying to remove individuals who have committed serious crimes from the UK."
