A JAMAICAN murderer has won a human rights appeal to stay in the country after a judge said he has an “admirable work ethic”.
The unnamed killer has avoided deportation after an immigration court in Cardiff ruled key facts in the case had not been properly considered.
He mounted a legal fight for asylum in Britain after the Home Office attempted to deport him.
The man – who has been in the UK since 1996 – lost an initial appeal against the decision to deny him asylum at a first-tier immigration tribunal.
But his second appeal at the Upper Tribunal was successful, meaning the case is set to be heard again.
A judgement explained that he committed murder, but details of the offence were not specified.
He has been through “offender management” during his rehabilitation and now shows an “admirable work ethic”.
The man also argued that he “feared” deportation because he would be targeted by Jamaican crime syndicate One Order.
He claimed that his family home had been attacked by the gang, who shot his brothers and forced his sister into witness protection.
The Jamaican accused the judge at the First-tier Tribunal of not properly considering his concerns.
Upper Tribunal Judge Sean O’Brien agreed that the man could be in danger if he were to return.
He ruled that the First-tier Tribunal had “misunderstood” evidence given by the murderer and “overlooked” potential risks in Jamaica.
Judge O’Brien added: ‘The [First-tier Tribunal] judge had overlooked the fact that the core elements of the [Jamaican’s] account were not challenged by [the Home Office].
“It had misunderstood [his] evidence about [his] family he claimed had been murdered because of gang retribution and when, and had given no apparent consideration to the attempts made to verify that [his] sister remained in Witness Protection.
“I agree therefore that the judge’s findings on the credibility of the [Jamaican’s] account of events in Jamaica involved the making of an error of law.
“All in all, I cannot be satisfied that the judge would necessarily have found that the [Jamaican] would not be at risk from the One Order Gang had she taken a permissible approach to credibility.”
The One Order gang mainly operates out of Spanish Town – an area on the Caribbean island regarded as a hotbed for criminal activity.
It is the latest in a string of cases where offenders have called on Article 3 of the European Convention on Human Rights (ECHR), claiming they would face persecution if returned.
The judgement said: “[The Jamaican said] the judge had failed to take into account that the key facts were not disputed by the Home Office.
“The judge was wrong to find [him] vague in naming the One Order Gang as the source of risk.
“The judge misunderstood which family members had been murdered and when.
“The judge failed to take into account the steps taken by and on behalf of the [him] to confirm that [his] sister was in the Witness Protection Programme.”
It comes just months after an Albanian criminal was allowed to stay in Britain after arguing his son did not like foreign chicken nuggets.
An immigration tribunal ruled it would have been “unduly harsh” for the child to be deported to Albania with his father due to his sensitivity around food as well other “additional” needs.
Father Klevis Disha, 39, successfully appealed his deportation at a lower-tier immigration tribunal in which his son’s distaste for foreign chicken nuggets was listed as the only example of his food difficulties.
The case also focused on his son’s needs in regards to sensory issues and difficulties communicating emotions.
Shadow Justice Secretary Robert Jenrick told the Telegraph it was “mind-boggling”, “ludicrous” and “outrageous” that food had been used as an argument to prevent deportation.
Shadow Home Secretary Chris Philp also slammed the decision, claiming foreign criminals are “exploiting human rights laws and weak judges”.
