In a dramatic reversal of fortune, a Nigerian father has successfully won his fight to remain in the United Kingdom after an immigration tribunal upheld his claim for asylum on the grounds of his sexuality.
The man, who cannot be named for legal reasons, had previously seen three separate asylum applications rejected by the Home Office. His case appeared hopeless until he presented a new, pivotal argument: that he is gay and would face severe persecution, violence, and potential imprisonment if forced to return to Nigeria.
A Last-Minute Lifeline
The First-tier Tribunal heard compelling evidence that the individual would be at 'real risk of harm' in Nigeria, where same-sex relationships are criminalised under strict laws. The judge determined that the appellant's late disclosure of his sexuality was credible, despite the previous rejections.
This case highlights the immense challenges and complexities within the UK's immigration system, particularly for individuals fleeing persecution due to their sexual orientation. Many are reluctant to disclose such deeply personal information immediately, often due to fear, shame, or trauma.
Scrutiny on the Home Office
The ruling is likely to intensify scrutiny on the Home Office's handling of LGBTQ+ asylum claims. Critics argue that the system often fails to create a safe environment for claimants to disclose their sexuality early in the process, leading to last-minute claims that are met with initial scepticism.
This successful appeal underscores the critical role of the judiciary in reviewing Home Office decisions and ensuring that the UK fulfils its international obligations to protect genuine refugees fleeing for their lives.
