R (on the application of JR (Jamaica)) v Secretary of State for the Home Department

Immigration – Deportation. The claimant Jamaican national had been convicted of murder in the United Kingdom. The defendant Secretary of State decided to deport him and refused his claim for refugee and human rights protection on the basis of homosexuality. The First-tier Tribunal (Immigration and Asylum Chamber) (the FTT) and the Upper Tribunal (Immigration and Asylum Chamber) (the UT) found in the claimant's favour and the Secretary of State appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the UT had been correct to find no error of law in the FTT's finding that the claimant was a homosexual and had not erred in concluding that the claimant had succeeded in rebutting the presumption of dangerousness under s 72 of the Nationality, Immigration and Asylum Act 2002.

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