A Jamaican man who was jailed for 20 years after a fatal shooting has dodged deportation thanks to human rights laws.The criminal was one of five gang members who took an innocent man’s life in an “unprovoked attack” outside a nightclub in south London.The Jamaican man’s name can’t be made public after immigration judges granted him anonymity despite his being named when he was jailed for 20 years in July 2012, MailOnline reports.
Instead, the man can only be identified as “AR”. The criminal claimed he would be at risk if he was sent to Jamaica and his right to a private and family life would be harmed under Article 8 of the European Convention on Human Rights (ECHR). The nightclub shooting victim’s name can’t be published as it could risk revealing the identity of the Jamaican man.
The victim was shot dead by an accomplice of AR, who according to the Mail “delivered a flying kick to one of the victim’s friends”.
In a separate incident, AR aimed and fired a gun at a group of men outside a club. The same weapon was later found to have been used in the south London fatal shooting.
AR was convicted of manslaughter, possession of a prohibited weapon and possession of a firearm with intent to endanger life.
He is understood to have served about half of his 20 year sentence and since to have got a woman pregnant, which could bolster his Article 8 claim.
Shadow Justice Secretary Robert Jenrick said: “This is another appalling outcome which defies all common sense. This disgusting man should have been removed from our country a long time ago.”
He added the right of the British public to live in safety should obviously come before the man’s right to a family life. Mr Jenrick called for him to be deported immediately.
AR had lost his appeal against the Home Office’s decision to deport him. He next appealed to the upper immigration tribunal, which ordered his case to be heard again.
Lawyers acting for AR have claimed their client would be at risk of serious harm from a distant relative, who allegedly killed his father in 2011, if he is deported to Jamaica.
It was also argued AR wouldn’t be able to get a job in Jamaica because of his criminal record. A fresh hearing is due to take place later this year after immigration judge Louis Kopieczek ruled the previous outcome should be set aside.
A spokesperson for the Home Office said that after the department’s appeal against the decision it has been sent back to be re-heard and it wouldn’t be appropriate to comment further.
