The 41-year-old claimed he didn’t know that having sex with a woman who is sleeping was wrong.
The man, who was granted anonymity for his own protection, was sentenced to seven years in jail in 2018 for the rape at a party.
He was released in June 2021 and given a deportation order, with The Home Office branding him a ‘danger to the community’.
But the migrant challenged this because he had been subject to violence in his home country due to his sexuality and that was why he moved to the UK in 2018.
He told the tribunal he was attacked with a ‘metal bar, machete and dogs’.
The tribunal was also told that an older man he was dating was killed for being gay.
An expert said the migrant would be a ‘target’ if he returned due to his sexuality – but The Home Office said there was only evidence of him dating women in the UK.
The judge ruled the migrant was ‘incentivised not to re-offend by the threat of return to prison’ and he is allowed to stay, according to The Sun.
An application to appeal this decision was rejected in November.
Former security minister Sir John Hayes told the newspaper: ‘This is an insult to every victim.
‘This man should be thrown out of the country.’
The Home Office said: ‘We made the case to deport this individual and lost in the courts.’
It comes after a Syrian became the first UK-bound migrant of the new year to die in the English Channel after being ‘crushed to death’ in an overcrowded small boat.
The unnamed man, who was in his 20s, was in a flimsy dinghy that was launched in the early hours of Saturday from a beach near Calais.
It was full of asylum seekers heading from France to England, but began to collapse in freezing cold seas and so turned back.
‘The boat set off from Sangatte beach,’ said a spokesman for France’s Maritime Prefecture.
‘But a few minutes later, it returned and the group disembarked from the soaking wet boat.
Hellbound and Down 