A foreign rapist who said he did not know having sex with a sleeping woman was wrong cannot be deported due to his sexual orientation.
A specialist tribunal was told that the 41-year-old man would be targeted by violent gangs in Jamaica for his bisexuality if he returned to his homeland.
The migrant, who was granted anonymity for his own protection, was sentenced to seven years in prison in 2018 for the rape.
He was released in June 2021 after serving half his sentence, and was handed a deportation order.
He was branded a “danger to the community” by the Home Office, who claimed he should be sent home under the 2002 Asylum Act.
However, that decision was challenged by the criminal, who was brought to the UK in 2021 by a relative after being attacked several times in Jamaica due to his sexuality.
The man – referred to as AA – told the tribunal that he was attacked with a machete, a metal bar and dogs.
It was also claimed that an older man he was in a relationship with was later killed for being gay.
An expert said AA would be a “targeted hit” if returned back to Jamaica.
However, the Home Office argued that evidence showed AA had only been in relationships with women since his arrival to Britain aged 18.
Judge Mulready ruled the man had shown “significant evidence of positive rehabilitation” and he was “incentivised not to re-offend by the threat of return to prison”.
She said that even if she ruled he was still dangerous, he would be allowed to stay due to his sexuality.
An application to appeal this decision was declined in November.
Sir John Hayes, the former security minister called this “an insult to every victim.”
“This man should be thrown out of the country,” he said.
The Home Office said: “We made the case to deport this individual and lost in the courts.”