Yvette Cooper is considering rewriting human rights laws (Image: Getty)
A Jamaican rapist used human rights laws to avoid deportation after claiming his criminal record would rule him out of witness protection in his home country.
The convicted sex attacker entered the program on the Caribbean island as a child because his mother testified about gangland murder.
DON'T MISS
Powered by
Birmingham bin strike is a health hazard admits Health Secretary Wes Streeting
1 Comments
Call me crazy but I back Donald Trump on tariffs - Reeves should copy him for 1 key reason
379 Comments
Labour threatens job cuts ‘within months' as NHS England quango axed
15 Comments
Labour's political perversity plunges new depths in bizarre objection from UK MPs
61 Comments
Politics LIVE: Keir Starmer to face huge grilling from MPs in major showdown
43 Comments
Keir Starmer throws Rachel Reeves under the bus with huge admission
293 Comments
Keir Starmer warns Donald Trump's tariff chaos is a 'new era' and 'world has changed'
21 Comments
Keir Starmer and Rachel Reeves one simple misstep away from disaster
19 Comments
UK town WILL get new Universal theme park in ￡50bn boost - as exact opening date revealed
2 Comments
Rachel Reeves rejects calls for a 'Buy British' campaign in 'insult' to UK businesses
23 Comments
Minister refuses to rule out Brexit war with EU as Trump tariffs threaten trade treaty
40 Comments
Keir Starmer's freeloading exposed as Labour's love of freebies laid bare... again!
116 Comments
Kier Starmer says NHS 8am GP appointment scramble is 'frustrating' as 1,500 GPs hired
26 Comments
Rachel Reeves humiliated as economy in 'dire' state - 'Worst slump since financial crash'
98 Comments
Parliament halted for emergency Rachel Reeves announcement on Donald Trump's tariffs
85 Comments
Brexit 'saved UK from even worse Trump tariffs' as stock market recovers
56 Comments
Lee Anderson slams migrant crossings as 'disgrace' warning Labour 'did nothing'
38 Comments
Wes Streeting hails major 'medical breakthrough' as 'miracle' baby girl born
15 Comments
Keir Starmer has golden opportunity but right now he's screwing up tariff tactics
13 Comments
Keir Starmer has UK game-changer at his fingertips - he just needs to change one thing
38 Comments
Birmingham bin strike is a health hazard admits Health Secretary Wes Streeting
1 Comments
Call me crazy but I back Donald Trump on tariffs - Reeves should copy him for 1 key reason
379 Comments
Labour threatens job cuts ‘within months' as NHS England quango axed
15 Comments
Labour's political perversity plunges new depths in bizarre objection from UK MPs
61 Comments
Politics LIVE: Keir Starmer to face huge grilling from MPs in major showdown
43 Comments
Keir Starmer throws Rachel Reeves under the bus with huge admission
293 Comments
Keir Starmer warns Donald Trump's tariff chaos is a 'new era' and 'world has changed'
21 Comments
Keir Starmer and Rachel Reeves one simple misstep away from disaster
19 Comments
UK town WILL get new Universal theme park in ￡50bn boost - as exact opening date revealed
2 Comments
Rachel Reeves rejects calls for a 'Buy British' campaign in 'insult' to UK businesses
23 Comments
Minister refuses to rule out Brexit war with EU as Trump tariffs threaten trade treaty
40 Comments
Keir Starmer's freeloading exposed as Labour's love of freebies laid bare... again!
116 Comments
Kier Starmer says NHS 8am GP appointment scramble is 'frustrating' as 1,500 GPs hired
26 Comments
Rachel Reeves humiliated as economy in 'dire' state - 'Worst slump since financial crash'
98 Comments
Parliament halted for emergency Rachel Reeves announcement on Donald Trump's tariffs
85 Comments
Brexit 'saved UK from even worse Trump tariffs' as stock market recovers
56 Comments
Lee Anderson slams migrant crossings as 'disgrace' warning Labour 'did nothing'
38 Comments
Wes Streeting hails major 'medical breakthrough' as 'miracle' baby girl born
15 Comments
Keir Starmer has golden opportunity but right now he's screwing up tariff tactics
13 Comments
Keir Starmer has UK game-changer at his fingertips - he just needs to change one thing
38 Comments
Birmingham bin strike is a health hazard admits Health Secretary Wes Streeting
1 Comments
Call me crazy but I back Donald Trump on tariffs - Reeves should copy him for 1 key reason
379 Comments
Labour threatens job cuts ‘within months' as NHS England quango axed
15 Comments
Labour's political perversity plunges new depths in bizarre objection from UK MPs
61 Comments
Politics LIVE: Keir Starmer to face huge grilling from MPs in major showdown
43 Comments
Keir Starmer throws Rachel Reeves under the bus with huge admission
293 Comments
Keir Starmer warns Donald Trump's tariff chaos is a 'new era' and 'world has changed'
21 Comments
Keir Starmer and Rachel Reeves one simple misstep away from disaster
19 Comments
UK town WILL get new Universal theme park in ￡50bn boost - as exact opening date revealed
2 Comments
Rachel Reeves rejects calls for a 'Buy British' campaign in 'insult' to UK businesses
23 Comments
Minister refuses to rule out Brexit war with EU as Trump tariffs threaten trade treaty
40 Comments
Keir Starmer's freeloading exposed as Labour's love of freebies laid bare... again!
116 Comments
Kier Starmer says NHS 8am GP appointment scramble is 'frustrating' as 1,500 GPs hired
26 Comments
Rachel Reeves humiliated as economy in 'dire' state - 'Worst slump since financial crash'
98 Comments
Parliament halted for emergency Rachel Reeves announcement on Donald Trump's tariffs
85 Comments
Brexit 'saved UK from even worse Trump tariffs' as stock market recovers
56 Comments
Lee Anderson slams migrant crossings as 'disgrace' warning Labour 'did nothing'
38 Comments
Wes Streeting hails major 'medical breakthrough' as 'miracle' baby girl born
15 Comments
Keir Starmer has golden opportunity but right now he's screwing up tariff tactics
13 Comments
Keir Starmer has UK game-changer at his fingertips - he just needs to change one thing
38 Comments
He later moved to the UK where he was sent to prison multiple times for rape, unlawful wounding and burglaries.
The Home Office has repeatedly tried to deport the sex attacker. But the criminal claimed his criminal record would prevent him from going back into witness protection.
Powered By
10 Sec
Crime group convicted for trafficking migrants to cannabis farms
Next
Stay
READ MORE: Migrant accused of sexually assaulting teen after travelling 10,000 miles to UK
His argument was initially dismissed but has now been allowed by an immigration tribunal on human rights grounds meaning the criminal will be allowed to remain in the UK.
Sponsored
Veterans Memorial Bottles for Whiskey | Sponsored Sponsored
Learn More
Top Whiskey Gifts for Veterans.
Undo
The Upper-tier Tribunal of the Immigration and Asylum Chamber was told the sex offender - who was granted anonymity - entered the UK in 2001 as a visitor.
His mother was a police informant and was the prosecution's main witness in a case against a gang leader, who was convicted and jailed for murder.
The family entered witness protection in 1997, but two years later his mother moved to the UK. He stayed in Jamaica and was moved around several times by the witness protection team.
After entering the UK in 2001, the criminal was initially granted leave to remain as a student and then overstayed his visa.
He applied for asylum in 2006 but whilst his application was pending he was convicted of unlawful wounding and burglary. He was sentenced to 4 years and 8 months' imprisonment in 2009.
Four years later he was jailed for 9 years for rape. Following his release he was recalled to prison in November 2022.
The Home Office first issued a deportation order in 2019 on the basis that his convictions excluded him from refugee protection.
The Jamaican appealed this at a First-tier Immigration and Asylum Tribunal hearing on the grounds he would be 'at risk' if he was sent back.
Prior to the hearing, the Home Office contacted the Jamaican Ministry of National Security to confirm if the criminal had been in the witness protection program.
Trending
SUBSCRIBE Invalid email
We use your sign-up to provide content in ways you've consented to and to improve our understanding of you. This may include adverts from us and 3rd parties based on our understanding. You can unsubscribe at any time. Read our Privacy Policy
Officials in Jamaica said the likelihood of harm to him would be 'high' and there was also a risk of 'psychological trauma' if he returned. The Ministry added there was 'no guarantee' he would be accepted back into witness protection.
His 2023 appeal was dismissed by the First-tier tribunal on the basis there was a 'real possibility' he would be allowed back into witness protection and not at risk as a result.
Asylum and Immigration Tribunal Guidance states that Jamaican authorities are able to provide 'effective protection' but only to those 'reasonably likely' to be admitted to witness protection.
The Jamaican appealed the decision on the grounds that the tribunal had 'failed to consider' his criminal record and mental health issues when deciding the likelihood he would be accepted into witness protection and that the programme had failed to keep him safe as a child.
At the latest appeal, the Upper-tier Tribunal also had to decide if the lower court had used too high a standard of proof as in cases involving the prohibition of torture the risk of harm can be as low as 10 per cent to be allowed.
Upper Tribunal Judge Leonie Hirst concluded that the standard of proof had been misapplied and allowed the appeal on the basis there was a 'real risk' the rapist would not be allowed back into witness protection.
UTJ Hirst said: "It was not in dispute that there was a real risk of harm to [him] from non-state actors, namely criminal gangs.
"Nor was it in dispute that the Jamaican witness protection programme would, if [he] was admitted to it, provide protection.
"The question for the First-tier Tribunal, applying the lower standard of proof, was therefore whether there was a ‘real risk’ or reasonable likelihood that the Jamaican state would fail to provide reasonable protection against the risk of harm; that is, a real risk that [he] would not be able to access the programme.
"The First-tier Tribunal in this case erred by conflating the standard of proof to be applied to the Article 3 claim with the standard of protection to be provided by the state, and by applying the wrong standard of proof to [his] ability to access the witness protection programme...
"Given it was common ground that there was a real risk [he] would not be admitted onto the witness protection programme on return, the appeal would fall to be allowed."
Ms Cooper on Monday confirmed ministers are considering rewriting human rights laws amid rising fury over immigration tribunal decisions.
It follows a series of hugely controversial rulings where illegal migrants or convicted foreign criminals have exploited human rights laws to stay in the UK.
Former lawyer Sir Keir denied barristers are to blame for Britain’s immigration crisis.
He told reporters: “Lawyers are employed to represent people, and they represent them whether they agree with them or don’t agree with them.
“That’s been the system in place for pretty much the whole time we’ve had our current legal system. Every barrister subscribes to those rules.
“The system would break down if you didn’t have those rules, which would make a bad situation even worse.”
DON'T MISS
Powered by
Keir Starmer warns Donald Trump's tariff chaos is a 'new era' and 'world has changed'
21 Comments
Keir Starmer and Rachel Reeves one simple misstep away from disaster
19 Comments
UK town WILL get new Universal theme park in ￡50bn boost - as exact opening date revealed
2 Comments
Rachel Reeves rejects calls for a 'Buy British' campaign in 'insult' to UK businesses
23 Comments
Minister refuses to rule out Brexit war with EU as Trump tariffs threaten trade treaty
40 Comments
Keir Starmer's freeloading exposed as Labour's love of freebies laid bare... again!
116 Comments
Kier Starmer says NHS 8am GP appointment scramble is 'frustrating' as 1,500 GPs hired
26 Comments
Rachel Reeves humiliated as economy in 'dire' state - 'Worst slump since financial crash'
98 Comments
Parliament halted for emergency Rachel Reeves announcement on Donald Trump's tariffs
85 Comments
Brexit 'saved UK from even worse Trump tariffs' as stock market recovers
56 Comments
Lee Anderson slams migrant crossings as 'disgrace' warning Labour 'did nothing'
38 Comments
Wes Streeting hails major 'medical breakthrough' as 'miracle' baby girl born
15 Comments
Keir Starmer has golden opportunity but right now he's screwing up tariff tactics
13 Comments
Keir Starmer has UK game-changer at his fingertips - he just needs to change one thing
38 Comments
Stop Ignoring Your Liver: Scientists Are Connecting It to Full-Body HealthDose| Sponsored Sponsored
Shop Now
Birmingham bin strike is a health hazard admits Health Secretary Wes Streeting
1 Comments
Call me crazy but I back Donald Trump on tariffs - Reeves should copy him for 1 key reason
379 Comments
Plaque psoriasis is silent but deadly: 10 Symptoms you should knowSearch Plaque Psoriasis| Sponsored Sponsored
Learn More
Labour threatens job cuts ‘within months' as NHS England quango axed
15 Comments
Labour's political perversity plunges new depths in bizarre objection from UK MPs
61 Comments
Politics LIVE: Keir Starmer to face huge grilling from MPs in major showdown
43 Comments
Keir Starmer throws Rachel Reeves under the bus with huge admission
293 Comments
Keir Starmer warns Donald Trump's tariff chaos is a 'new era' and 'world has changed'
21 Comments
Keir Starmer and Rachel Reeves one simple misstep away from disaster
19 Comments
UK town WILL get new Universal theme park in ￡50bn boost - as exact opening date revealed
2 Comments
Rachel Reeves rejects calls for a 'Buy British' campaign in 'insult' to UK businesses
23 Comments
Minister refuses to rule out Brexit war with EU as Trump tariffs threaten trade treaty
40 Comments
Keir Starmer's freeloading exposed as Labour's love of freebies laid bare... again!
116 Comments
Kier Starmer says NHS 8am GP appointment scramble is 'frustrating' as 1,500 GPs hired
26 Comments
Rachel Reeves humiliated as economy in 'dire' state - 'Worst slump since financial crash'
98 Comments
Parliament halted for emergency Rachel Reeves announcement on Donald Trump's tariffs
85 Comments
Brexit 'saved UK from even worse Trump tariffs' as stock market recovers
56 Comments
Lee Anderson slams migrant crossings as 'disgrace' warning Labour 'did nothing'
38 Comments
Wes Streeting hails major 'medical breakthrough' as 'miracle' baby girl born
15 Comments
Keir Starmer has golden opportunity but right now he's screwing up tariff tactics
13 Comments
Keir Starmer has UK game-changer at his fingertips - he just needs to change one thing
38 Comments
Birmingham bin strike is a health hazard admits Health Secretary Wes Streeting
1 Comments
Call me crazy but I back Donald Trump on tariffs - Reeves should copy him for 1 key reason
379 Comments
Labour threatens job cuts ‘within months' as NHS England quango axed
15 Comments
Labour's political perversity plunges new depths in bizarre objection from UK MPs
61 Comments
Politics LIVE: Keir Starmer to face huge grilling from MPs in major showdown
43 Comments
Keir Starmer throws Rachel Reeves under the bus with huge admission
293 Comments
Keir Starmer warns Donald Trump's tariff chaos is a 'new era' and 'world has changed'
21 Comments
Keir Starmer and Rachel Reeves one simple misstep away from disaster
19 Comments
UK town WILL get new Universal theme park in ￡50bn boost - as exact opening date revealed
2 Comments
Rachel Reeves rejects calls for a 'Buy British' campaign in 'insult' to UK businesses
23 Comments
Minister refuses to rule out Brexit war with EU as Trump tariffs threaten trade treaty
40 Comments
Keir Starmer's freeloading exposed as Labour's love of freebies laid bare... again!
116 Comments
Kier Starmer says NHS 8am GP appointment scramble is 'frustrating' as 1,500 GPs hired
26 Comments
Some Labour MPs have urged ministers to set aside the ECHR and deport foreign criminals.
Ms Cooper said: “The review underway at the moment is looking at the application of Article 8 in particular cases where we have disagreed with the conclusions that were reached in the courts. That review is underway at the moment.
“We continue to abide by international law, and it’s worth saying that it is because we are part of the ECHR we’ve been able to get these further agreements with France and with Germany, including the agreement with Germany on them going after the warehouses where the boats are being stored, including strengthening our cooperation and sharing far more intelligence with France.”