Lloyd Junior Morgan, 34, won his appeal against a deportation notice to Jamaica after being convicted for wounding with intent to cause grievous bodily harm
An immigration judge considering a deportation notice of a violent robber was told he had been jailed for 12 months – when in fact it was 12 years.
Lloyd Junior Morgan, 34, received three convictions and a caution since arriving in Britain in July 2001. He gained a permanent residence card in 2010.
In 2012, he was involved in a robbery in which the victim was left with “extremely serious and life-threatening injuries”.
After serving six years, Morgan was issued with a notice by Home Secretary Priti Patel to deport him to Jamaica but her decision was overturned by the courts.
One stage of his appeal was told he had been jailed for 12 months when in reality he had been sentenced to 12 years.
Although the ruling was published in September last year, the error has only recently come to light, according to the Daily Mail.
In it, the Upper Tribunal Asylum and Immigration Chamber said: “The offence is dated April 13, 2012 when Mr Morgan was convicted of wounding with intent to do grievous bodily harm and conspiracy to rob. He was sentenced to 12 months’ imprisonment on April 16, 2019.”
A new ruling by another judge later stated that “the sentence stated in the Secretary of State’s grounds” was incorrect.
The error by the Home Office was quickly rectified and did not ultimately influence the case’s outcome.
Immigration judge Fiona Lindsley ruled it would not be “proportionate” to deport Morgan partly because his offending did not involve violence against children or grave sexual offences or drugs.
A Home Office spokesperson said: “Since January 2019 we have removed 8,441 foreign national offenders. Our New Plan for Immigration will expedite the removal of those who have no right to be here.”
The case follows controversy over deportation flights from the UK for Jamaica, with campaigners launching legal challenges to stop people from being forced to leave.
The home secretary is required by law to issue a deportation order for any foreign national who has been given a jail sentence of more than a year.
Persistent offenders or those convicted of serious crimes may also be deported where it is deemed “conducive to the public good”.
In July, a 26-year-old man pleaded with the Home Office to stay in the UK instead of being deported to Jamaica – a country he could not remember and has no family in.
Anthonell Peccoo, who served two years in prison for grievous bodily harm (GBH) and drug offences, had been seeking asylum in the UK on various grounds including having family in the country and threat to his life in Jamaica.
However, his asylum claim was denied by the Home Office this April, which reactivated the deportation proceeding.
The Home Office has previously said it does not routinely comment on individual cases, but that its priority is to protect the British public. It made no apology for seeking to remove “dangerous criminals who violate our laws and abuse our hospitality”.