Jamaican killer we can't deport because he is GAY: Illegal migrant suddenly remembers he is homosexual to avoid being kicked out



Jamaican man, 29, arrived in Britain in December 2000 when he was 15

Known as JR in court matters, he cannot be named for legal reasons

He was 'party to the murder of another teenage boy' in Britain in 2001

Sent to jail in 2002, he was released in 2012 and is now free to walk streets

Home Secretary Theresa May has been fighting for his deportation from UK

But JR, who only announced he was gay in 2012, can stay in Britain

Judge said sending a homosexual to Jamaica would violate human rights



The 29-year-old Jamaican, known only as JR, will not be sent home because as a homosexual, it would violate his human rights, a judge ruled (file image)

An illegal immigrant who stabbed a 15-year-old schoolboy to death less than a year after arriving in Britain cannot be deported because he claims to be gay, judges ruled yesterday.

The 29-year-old Jamaican was jailed for life aged 16 when he and another schoolboy knifed Abdul Maye to death over a £10 debt outside his school in east London.

A judge at the Old Bailey ordered that he be kicked out of Britain once he had served a minimum of eight years.

Judge Paul Focke told the thug, who cannot not be named for legal reasons: ‘You are a Jamaican national and within months of coming to this country you committed murder.

‘I am of the view that your continued presence in this country will be detrimental to its citizens.’

But yesterday, the Court of Appeal ruled that he could not be sent back to Jamaica because he could face degrading treatment for being homosexual that would breach his human rights.

In an extraordinary judgment which has provoked outrage, Lord Justice Kay said he believed his mother’s evidence that he was gay – even though the Home Office said he ‘had made no mention of it’ until his first appeal against deportation failed.

The decision is expected to infuriate Home Secretary Theresa May, who has battled to send him home since he was released from prison in 2012.



The judge referred to Article Three in the Human Rights Act, which protects an individual from inhuman or degrading treatment.

Douglas Carswell, Tory MP for Clacton, said: ‘Most people would think this is outrageous. It’s a gross distortion of the concept of justice.

‘Until we have freed ourselves from the European Convention on Human Rights, these sorts of basket-case decisions will carry on happening thick and fast.’

Peter Bone, Tory MP for Wellingborough, said: ‘Whether or not this man is sent back should be entirely at the discretion of British courts.

‘The idea that his human rights should have any impact whatever when he has come in to this country illegally in the first place to murder someone is absurd.

‘When it comes to murderers, courts should have the absolute right to sentence people for as long as they want, or to send them home immediately after.’





'When it comes to murderers, courts should have the absolute right to sentence people for as long as they want, or to send them home immediately' - Peter Bone MP

The murderer, referred to only as JR, arrived in the UK in December 2000 when he was 15 on a temporary visa to visit his mother.

An application for leave to stay longer was refused, but the yob remained in the country anyway.

And less than a year later he and a 14-year-old stabbed a fellow schoolboy to ‘save face’ after he humiliated them by refusing to pay a £10 debt – a payment which he owed them for cannabis.

The Old Bailey heard JR, who only has an IQ of 63 – putting him in the lowest two per cent of the population – knifed Abdul in front of his horrified classmates outside Little Ilford Comprehensive School in Manor Park after the victim had just finished a mock GCSE exam on December 7, 2001.

The victim, whose family fled to Britain from the civil war in Somalia in 1995, died shortly afterwards in hospital.

In the weeks beforehand, the schoolboys had threatened to ‘chop’ or ‘stab’ the victim and the Jamaican sprayed him and a friend with CS gas.

The pair were jailed for life in September 2002 and told to serve a minimum of eight years and two months. But this was reduced on appeal to six years and two months with the deportation recommendation set aside.

However, the Secretary of State ordered JR’s deportation in 2009.

Human rights: The Jamaican, known only as JR, has been allowed to stay in Britain by the Court of Appeal

When his first appeal failed, the killer submitted a fresh bid against deportation in April 2012 arguing for the first time that he was gay.



JR successfully appealed her decision to deport him to the First-Tier Tribunal (FTT), and won again at the Upper Tribunal when Mrs May challenged that decision last year.



Now, Lord Justice Kay, sitting with Lord Justice Lewison and Sir Stanley Burnton at the Court of Appeal in London, has blocked the Government's final attempt to have JR deported.



The judge said JR spent 11 and a half years in custody before declaring himself gay in April 2012.



The First-Tier Tribunal accepted he was homosexual, and that he would be at risk of 'inhuman or degrading treatment' if returned to 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.



His 'late disclosure' of his sexuality was said to have been 'prompted by societal attitudes, particularly that of Jamaicans towards gays'.



At the Court of Appeal, Catherine Rowlands, for Mrs May, argued that the offender's eleventh hour assertion of homosexuality should have been rejected 'on credibility grounds', as 'he had made no mention of it' during a previous asylum application.

OTHER CRIMINALS WE CAN'T GET RID OF BECAUSE OF 'HUMAN RIGHTS'

Last month Mafia don Domenico Rancadore escaped deportation to his native Italy after a British judge ruled that the cramped Italian jails would breach his human rights. The 65-year-old who fled arrest in Italy 20 years ago and came to Britain, where he has lived ever since, was sentenced to seven years in prison in his home country for running a branch of the Mafia involved in drug trafficking, extortion and racketeering. In December 2013 a Somali criminal with a history of violence was allowed to walk free after a High Court judge ruled that detaining him any longer would breach his human rights. Abdi Ismail, 33, was convicted of a string of crimes since arriving in Britain in 1993, including racially aggravated threatening behaviour and assault on police. In 2011, he was sentenced to a 15-month jail term for assault and told he would be deported after attacking a friend with a knife, but a judge let him walk free after deciding he had been detained for too long. Last year, a vicious Somali rapist who was jailed for ten years after threatening to kill his pregnant victim as he raped her was allowed to stay in Britain because he has other family members here. Mustafa Abdullahi, 31, came to Britain aged 11 and immigration judges ruled he had been in the UK so long that deportation would deprive him of the right to a family life.



The barrister argued that 'the claim of homosexuality was contrived and brought as a last resort to avoid deportation.'

But Lord Justice Kay dismissed the appeal, saying the FTT had obviously found JR's mother 'an impressive witness'.



He added: 'I consider that the Upper Tribunal was correct to find no error of law in the FTT's treatment of the issue of homosexuality'.



Mrs May accepted that, if the man was genuinely gay, he could not be deported, and the Upper Tribunal had also found that he 'no longer constitutes a significant danger to the community of the UK.'

The judge went on: 'It follows from what I have said that the Secretary of State's appeal must fail. '