Jamaican killer will not be deported from UK as he’s gay
Asylum seeker’s mother came forward and said her son was gay, and does not deserve to be sent back to homophobic Jamaica
17 APRIL 2014 | BY JOE MORGAN
A Jamaican killer will not be deported for being gay.
A Jamaican man who killed a British teen will not be deported as he is gay, a judge has ruled.
The 29-year-old killer, who cannot be named for legal reasons, will stay in the UK after Lord Justice Maurice Kay said sending him back would violate his human rights.
Referred to as JR in legal documents, the judge said the murderer arrived in the UK in December 2000 when he was 15 and was ‘party to the murder of another teenage boy’ less than a year later in 2001.
He was sentenced to detention in 2002 and was freed in June 2012.
The Home Office, which regularly sends asylum seekers who claim to be LGBTI to their anti-gay countries of birth, has been battling to send JR home since his release.
The judge said JR spent 11 and a half years in custody before first declaring his sexuality in April 2012.
During the tribunal, JR’s mother gave evidence saying she ‘knew all along’ her son was gay.
At the appeal court, the government’s barrister Catherine Rowlands argued JR’s claim of being gay should be rejected on ‘credibility grounds’.
‘The claim of homosexuality was contrived and brought as a last resort to avoid deportation,’ she said.
But the judges dismissed the appeal, describing JR’s mother as an ‘impressive witness’.
Theresa May, the Home Secretary, accepted if JR was genuinely gay he could not be deported back to Jamaica.
The upper tribunal also found JR ‘no longer constitutes a significant danger to the community of the UK’.