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A Jamaican illegal immigrant who murdered a British teenager in 2001, will not be deported to Jamaica because he is gay.
The 29-year-old killer, who cannot be named for legal reasons, has been released from jail, after Lord Justice Maurice Kay, said that sending him back to Jamaica would violate his human rights as a homosexual.
The murderer - referred to only as J.R. - 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 sent to prison in September 2002 and was released in June 2012.
Ever since his release, Home Secretary Theresa May has been battling to have the ex-convict sent back to Jamaica. JR successfully appealed a decision to deport him to the First-Tier Tribunal (Immigration and Asylum Chamber), which is an independent Tribunal dealing with appeals against decisions made by the Home Secretary and her officials in immigration, asylum and nationality matters. The Upper Tribunal later refused a challenge to that decision brought by Mrs May last year.
In the latest development, the Court of Appeal has blocked the Government's final attempt to have JR deported.
The First-Tier Tribunal accepted that he was homosexual and that he would be at risk of 'inhuman or degrading treatment' if returned to Jamaica.
At risk in Jamaica
The Upper Tribunal later refused Mrs May's appeal, after hearing JR's mother give evidence that she "knew all along" that her son was gay.
The barrister for the Home Office argued that "the claim of homosexuality was contrived and brought as a last resort to avoid deportation."
Dismissing the appeal, however, Court of Appeal Justice, Lord Justice Kay (sitting with Lord Justice Lewison and Sir Stanley Burnton) said the First-tier Tribunal had plainly found JR's mother "an impressive witness".
The 29-year-old killer, who cannot be named for legal reasons, has been released from jail, after Lord Justice Maurice Kay, said that sending him back to Jamaica would violate his human rights as a homosexual.
The murderer - referred to only as J.R. - 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 sent to prison in September 2002 and was released in June 2012.
Ever since his release, Home Secretary Theresa May has been battling to have the ex-convict sent back to Jamaica. JR successfully appealed a decision to deport him to the First-Tier Tribunal (Immigration and Asylum Chamber), which is an independent Tribunal dealing with appeals against decisions made by the Home Secretary and her officials in immigration, asylum and nationality matters. The Upper Tribunal later refused a challenge to that decision brought by Mrs May last year.
In the latest development, the Court of Appeal has blocked the Government's final attempt to have JR deported.
The First-Tier Tribunal accepted that he was homosexual and that he would be at risk of 'inhuman or degrading treatment' if returned to Jamaica.
At risk in Jamaica
The Upper Tribunal later refused Mrs May's appeal, after hearing JR's mother give evidence that she "knew all along" that her son was gay.
The barrister for the Home Office argued that "the claim of homosexuality was contrived and brought as a last resort to avoid deportation."
Dismissing the appeal, however, Court of Appeal Justice, Lord Justice Kay (sitting with Lord Justice Lewison and Sir Stanley Burnton) said the First-tier Tribunal had plainly found JR's mother "an impressive witness".
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