A foreign rapist who claimed he was not aware having sex with a sleeping woman is wrong cannot be deported because he is bisexual, a specialist tribunal heard.
The man, 41, would be targeted by violent gangs due to his sexuality if he was returned to Jamaica, where he is originally from, the tribunal was told.
He was sentenced to seven years in jail in 2018 for the sex attack – which happened at a party – but released in 2021 after serving half of his sentence, before being handed a deportation order.
The Home Office called him a ‘danger to the community’ and said he should be sent back to his native country under the 2002 Asylum Act, The Sun first reported.
The decision was challenged by the man, who was granted anonymity for his own protection.
He had been brought to the UK in 2001 by a relative after falling victim to several attacks in Jamaica due to being bisexual.
During the attacks, he was struck with a ‘metal bar, machete and dogs,’ he told the tribunal.
A foreign rapist who claimed he was not aware having sex with a sleeping woman is wrong cannot be deported because he is bisexual, a specialist tribunal heard (Stock photo)
An older man he had been in a relationship with was also killed for being gay, it was claimed.
But the Home Office said it could only find evidence of the man being with women since he arrived in the UK aged 18.
Former security minister Sir John Hayes said: ‘This is an insult to every victim.
‘This man should be thrown out of the country.’
The Home Office said: ‘We made the case to deport this individual and lost in the courts.’