A Jamaican drug dealer whose deportation was halted by a last-minute appeal was freed from custody by a judge last night.
The criminal, who can be identified only as 'RS', was due to be on board a Home Office charter flight on December 2.
But he and 22 other Jamaican criminals who were also due to be kicked out of the UK submitted legal challenges which delayed their removal, to the fury of Home Secretary Priti Patel.
Now lawyers for RS – who was jailed for seven and a half years for dealing Class A drugs – have successfully argued that he should be freed from immigration detention while the Home Office prepares another flight.
The High Court ruled that keeping him locked up was 'unlawful' and ordered Miss Patel to release him on bail.
A Jamaican drug dealer whose deportation was halted by a last-minute appeal was freed from custody by a judge last night. He and 22 other Jamaican criminals who were also due to be kicked out of the UK submitted legal challenges which delayed their removal, to the fury of Home Secretary Priti Patel
A Government source said: 'This highlights the difficulties we are facing when it comes to deporting foreign criminals.'
The court's decision will reignite a debate which saw Miss Patel criticise 'do-gooding' celebrities and Labour MPs who supported the criminals.
Miss Patel said it was 'deeply offensive' for stars including supermodel Naomi Campbell and Line Of Duty actress Thandie Newton to compare the criminals with victims of the Windrush scandal, who were innocent of any wrongdoing.
In the latest development, Judge Timothy Corner QC ruled yesterday that RS's 'mental health is very seriously impaired and detention is making it worse'.
Miss Patel said it was 'deeply offensive' for stars including supermodel Naomi Campbell and Line Of Duty actress Thandie Newton to compare the criminals with victims of the Windrush scandal, who were innocent of any wrongdoing
He concluded that 'the lack of a clear timescale for his deportation means that he should be released', adding: 'I think there is a strong prima facie case that his continued detention is unlawful.'
RS was released from prison in August 2019 and, after periods on bail, was taken into immigration detention in November.
He submitted a claim to the Home Office on December 1, the day before the aircraft was due to take off, it emerged in the court's ruling. This led to him being removed from the charter flight manifest.
The ruling went on to disclose details of a series of legal challenges that have since been brought by RS and his lawyers.
The High Court heard that RS – who first came to the UK in 2002 – said he had been kidnapped and 'shot in the head by a gang' in Jamaica in 2001. He also claimed he had been raped in prison in 2016.
His lawyers argued he was suffering from 'severe' depression and PTSD which was being made worse in detention.
The court heard he had applied for asylum protection as he 'feared ill-treatment in Jamaica' and that deportation would 'increase his risk of suicide'.
Judge Corner was told by Home Office lawyers that the next flight to Jamaica could take place in March. But the judge said there was no 'actual evidence' to back this up.