UK: Jamaican Drug Offender Avoids Deportation After ECHR Appeal

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A Jamaican national convicted twice for heroin dealing has successfully avoided deportation from the UK, citing violations of the European Convention on Human Rights (ECHR). The 39-year-old man, whose identity has been withheld, argued that deportation would breach his right to family life and expose him to inhuman or degrading treatment in his homeland.  

 

The man came to the UK at the age of 16 in 2001 and overstayed his visa. Arrested in 2006 for immigration violations, he later faced convictions for drug offences, including an 18-month sentence in 2011 and a 30-month sentence in 2020 for dealing heroin. Despite his criminal record, his appeal against deportation has prompted the case to be reconsidered by an upper tribunal.  

 

The Jamaican claimed to have suffered abuse in his childhood and argued that returning to Jamaica would endanger his safety and well-being. He also stated that he was a victim of trafficking in his home country before migrating to the UK. The upper tribunal ruled that the initial hearing failed to account for all the evidence and denied him a fair trial by proceeding in his absence, despite his claim of illness.  

 

The Home Office had previously served the man with a deportation order in 2020, describing him as a “danger to the community” due to his repeated involvement in serious drug offences. However, under Articles 3 and 8 of the ECHR, the man contended that deportation would violate his right to family life and subject him to potential harm in Jamaica.  

 

The decision has sparked criticism, with many calling for a reassessment of the UK's relationship with the ECHR. The case follows a similar controversy involving a Turkish drug dealer who avoided deportation after arguing that it would violate his human rights. The 70-year-old Turkish man, also granted anonymity, had been jailed for 16 years for plotting to distribute heroin across the UK. He claimed persecution as an Alevi Kurd if deported to Turkey, despite evidence of multiple trips back to his homeland without incident.  

 

The UN Refugee Agency supported the Turkish man’s claim, despite the Home Office’s stance that his continued presence was not in the public interest. Critics argue that cases like these undermine public confidence in immigration enforcement and the justice system.  

 

The Jamaican man’s case will now be reconsidered, raising questions about the balance between human rights protections and public safety. While the upper tribunal’s ruling emphasized procedural fairness, critics argue that the man’s criminal history and the danger he poses to the community should weigh heavily in any final decision.

 

Based on a report by Daily Telegraph 2024-12-23

 

 

 

[Tailwagsdog]

Give him a ticket to Thailand, no visa required, can start a new life, open a weed shop ( very Jamaican)  ....oh wait ..there's no government benefit ...well forget that idea then.

[mikeymike100]

This is what is wrong with the UK and ECHR, he should be deported immediately, he had his chance and blew it?

 

"Articles 3 and 8 of the ECHR, the man contended that deportation would violate his right to family life and subject him to potential harm in Jamaica"

 

Allowing him to stay in the UK, subjects UK people to potential harm!