Jamaican migrant jailed for raping his wife and his sister in Britain wins right to stay here because he is now bisexual and living with a younger man

A Jamaican migrant imprisoned for 18 years for raping his wife and sister in the UK has won the right to stay after successfully challenging a Home Office deportation order. The Upper Tribunal ruled that deporting him would violate Article 3 of the European Convention on Human Rights, which protects individuals from torture and inhuman treatment—a protection that is absolute regardless of criminal convictions. The immigration judge acknowledged that "there is nothing positive to say about his presence in the UK" and that deportation is in the public interest, yet was bound by human rights law to allow the appeal. The ruling highlights the tension between protecting individuals from persecution and the serious nature of his crimes.

The 51-year-old migrant arrived in the UK legally in 2003 to work as a teacher and was later joined by his wife and sister. He was convicted in 2013 of two counts of rape against his wife, receiving a five-year sentence, and in 2014 of historical sexual offences including rape and attempted rape, receiving a further 13 years imprisonment. The tribunal was told he now claims to be bisexual and is in a relationship with a younger man. The Upper Tribunal judge ruled that because homosexuality is illegal in Jamaica and those perceived as gay face mob violence and social persecution, deporting him would expose him to unacceptable risk of harm.