An illegal immigrant who stabbed a 15-year-old cannot be deported from the UK because he now claims to be gay. The 29-year-old Jamaican man was jailed for life when he was 16, after he stabbed a boy to death over a £10 cannabis debt, reports the Daily Mail.

Judge Paul Focke at the Old Bailey was convinced the man should leave the country as his presence in the UK would be “detrimental to its citizens”. However the Court of Appeal overruled this decision as they claimed the man might be harassed in Jamaica due to his sexuality.

The Jamaican man, known as JR, killed Abdul Maye outside his school in East London. The attack happened within months of his arrival in Britain.

Lord Justice Kay accepted the man’s mother’s evidence that he is gay, despite Home Office evidence showing that he had failed to mention it in his first appeal. This had raised suspicions that he may have made up the claim to be gay.

As his latest appeal included details of his homosexuality he could not be deported as it would violate his human rights to be returned to a ‘homophobic country’. The judge cited Article Three of the Human Rights Act, which is intended to protect individuals from inhuman or degrading treatment.

Conservative MP, Peter Bone, said: “Whether or not this man is sent back should be entirely at the discretion of British courts.

“The idea that his human rights should have any impact whatever when he has come in to this country illegally in the first place to murder someone is absurd.

“When it comes to murderers, courts should have the absolute right to sentence people for as long as they want, or to send them home immediately after.”

JR came on a temporary visa with his mother when he was 15, and was jailed shortly afterwards. The Home Office has been trying to deport him since he was released from his 11 year ‘life sentence’ in 2012.

The Mail reports that JR has an IQ of just 63, placing him in the two percent of stupidest people in the world.

Follow Andre Walker on Twitter: @AndreJPWalker