A convicted drug dealer tried to avoid deportation to his native Jamaica after arguing that being sent back would damage his career as a poet.
Cocaine dealer Evan Holmes, 46, claimed that being sent back to his homeland would strip him of his creative inspiration and make it impossible for him to find work.
The father-of-six had been locked up in prison for selling Class A drugs in Bristol but later insisted his human rights would be breached if he was forced to leave the UK.
Holmes, who has 13 convictions for 22 offences, is then understood to have been given Legal Aid to push his case based on claims that he would struggle to find work as a poet in Jamaica if deported.
But despite his taxpayer funded attempt to avoid deportation, his protestations were finally overruled – on the basis that his poetry could be just as popular in Jamaica as it has been in the UK because the Caribbean country has its own vibrant poetry scene.
Despite losing the case Holmes has yet to be forcibly removed and has already clocked up five additional years in the UK since the Home Office first signalled its intent to deport.
Throwing out Holmes’ appeal, immigration judge Christopher Hanson said: ‘[Holmes’] claim that he could not work in Jamaica as his qualifications have been obtained in the UK was not made out.
‘[He] is an intelligent individual who has skills which are transferable. He has his own website in the UK as a poet and it was not made out he could not utilise the skills he clearly possesses.
Convicted drug dealer Evan Holmes has tried avoiding deportation back to his native Jamaica by arguing it would interfere with his career as a poet
The father-of-six had been locked up in prison for selling Class A drugs in Bristol
‘There is a Jamaican poetry archive in the National library of Jamaica, a Poetry Society of Jamaica, and World Poetry Day, Jamaica 2024 is available online provided by the National Library of Jamaica, dated 22 March 2024.
‘There are also annual Jamaican poetry festivals.
‘The appellant is clearly familiar with social media and the internet which will give him an outlet for his work, if required.
‘I do not find any merit in the Appellant’s claim that he could not find work or that he will be destitute if he was returned.’
Holmes first arrived in the UK in 2001 on a ten-day tourist visa and was later granted leave to remain after his initial asylum claim was rejected.
On his website, he describes moving for ‘better opportunities’ and claims his time in prison inspired his poetry career.
‘In 2002, I moved for better opportunities in Bristol, UK, a place with the contrast of both a dark Transatlantic slavery history and a vibrant Jamaican community, a very interesting irony’, he wrote.
‘Adjusting to the norm in a new society saw me experience a small stint of incarceration.
He says his time in prison inspired his poetry career
‘Coping with this understanding of an uncertain future and existing within the penal system allowed me time to introspect, and my introspection led me on the path of spoken word.
‘Based on my refined love of the art form, this relationship developed into a career and life calling.
Writing under the name Tappis the Poet, Holmes has delivered workshops in conjunction with the University of Bristol and, according to his website, is ‘currently doing a degree course in English Literature and Community Engagement with this institution’.
His spoken word poetry has racked up tens of thousands of views on TikTok. He was named as an ambassador for Bridging Histories, a project set up by the Bristol History Commission and London Mayor’s Office to ‘connect people’ in the city.
Holmes was served with deportation papers in 2020, after being jailed for 26-months for dealing heroin, possessing cannabis and possessing a prohibited weapon.
He attempted to block his removal by claiming his past gang connections in Jamaica put him at risk. However, the tribunal found no evidence to support this and ruled that he could return safely.
The tribunal, sitting in Cardiff, heard that Holmes – who has six children by three different women – was also convicted in 2022 of driving under the influence of drugs and possessing cannabis.
Judge Hanson dismissed Holmes’ claims that he was at risk, stating: ‘The appellant presents no real evidence of a direct threat to him, just weak and vague hearsay.
‘The appellant is not shown by personal or objective evidence that his risk remains high and continues so many years after leaving Jamaica’.
Holmes also claimed his human right to a family life would be breached if deported because he would be unable to support his children, including a two-month old baby.
However, the upper tribunal immigration court ruled removing him to Jamaica was not ‘unduly harsh’.
Rejecting Holmes’ plea to remain in the UK, the judge added: ‘The Appellant’s criminality is set out above which involves Class A drugs.
‘There is a very strong deterrent element in showing those who have no right to remain in the UK, as they are not British citizens, that if they involve themselves in illegal activity involving drugs they may face deportation in addition to the sentence of the criminal courts.
Judge Hanson concluded: ‘Having sat back and considered the competing factors, I am satisfied there is nothing on the facts of this appeal sufficient to make the Secretary of State’s decision unlawful when considering the Human Rights Act.
‘In light of the evidence available, the matters relied upon by the Appellant are not sufficient to outweigh the strong public interest in his deportation and that the legitimate aim of preventing crime and disorder and the economic welfare of the UK are the determinative factors.’
Holmes was represented by Southampton-based law firm Leonard & Co Solicitors, which describes itself as ‘one of the few law firms on the South Coast to provide legal aid under certain circumstances within immigration law’.
The firm was approached for comment.
