Glass attacker mum allowed to stay in the UK

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An asylum seeker who lived in Wigan after fleeing from a murderous gang has been allowed to stay in the country despite a string of violent crimes.

The Home Office has lost an appeal to send a mother-of-six back to Jamaica, her native country, on the grounds of public "protection".

The woman, who has been granted anonymity to protect her children, was living in a hostel in the borough back in 2012 after being convicted of unlawful wounding and two common assaults.

An appeal brought to the Upper Tribunal (immigration and asylum chamber) heard how the woman fled the country in 2000 after being targeted by a gang who killed members of her family and raped her.

By 2010, she had been convicted of a slew of offences including a drugs possession charge and at least nine shoplifting charges.

In October 2008, eight years after arriving in the UK, she and her son followed a woman from a club and attacked her with a glass bottle leaving her with "serious injuries" to her hands and "psychological trauma".

Whilst awaiting trial, in April 2010, she took part in two further assaults. On one occasion she hit a woman in the face with a shoe and in another she assaulted a man. The appeal heard how she used homophobic language against both victims.

She was sentenced to 12 months in jail for the bottle attack, and a further six months for the two separate assaults all to be served consecutively.

The deportation order was signed in January 2016, citing that anyone who is sentenced to a period of imprisonment for more than 12 months is subject to "automatic deportation".

However, the woman, who has given birth to three children whilst living in the country, argued that her life remains at risk if she returns to Jamaica.

Appeal documents read: "The appellant maintains that she is at risk in Jamaica from the gang that she originally fled from in 2000. This gang were a powerful presence in her local area in Kingston.

"She was gang-raped by five members of this gang. She went to the police and offered to give evidence.

"This led to the arrest and prosecution of at least one gang member. The appellant was placed in the witness protection programme for her own safety. The gang responded by targeting members of the appellant’s family.

"This retribution included her father’s house being burned down; her aunt being attacked with acid and her nephew being murdered. The appellant escaped Kingston to live rough in the countryside where she was forced to work as a prostitute in order to survive."

The Home Office argued that the woman had entered the UK in June 2000 as a visitor, but soon became an "overstayer" and has never had any "lawful leave" to stay in the country.

On top of this they said that the deportation of a foreign criminal is "conducive to the public good".

However during the appeal, solicitors argued that there would be a "high likelihood" that the appellant’s 14-year-old daughter would be "socially withdrawn" and would suffer emotional distress and trauma if her mum was to be sent back to Jamaica.

Regarding her 13-year-old son, the report read: "If his mother were to be sent to Jamaica he does not believe that he would be able to control himself. He does not know what kind of state he would get into."

After assessing both sides cases, Upper Tribunal Judge Bruce concluded: "The severity of the detriment to these children would be huge, and well beyond the ordinary run of cases where children face separation from a criminal parent.

"It would likely lead to profound psychological consequences which would have a very serious impact on their lives, as well as upon society as a whole. For those reasons I am satisfied that the appellant’s appeal must be allowed on the grounds that her deportation would be unduly harsh for her children X and Y."