A Sri Lankan mother has secured a monumental victory in her UK asylum battle after an immigration tribunal ruled that her acute depression rendered her unfit to be deported.
The woman, who cannot be named for legal reasons, entered Britain illegally via lorry in 2019. Her initial asylum claim, based on fears of persecution in Sri Lanka, was rejected by the Home Office.
However, in a groundbreaking decision, the Upper Tribunal has now ordered that her case be reheard, accepting compelling medical evidence that her severe mental health condition would be dangerously exacerbated by removal.
The Medical Evidence That Changed Everything
A consultant psychiatrist provided crucial testimony, diagnosing the appellant with a major depressive disorder. The report stated unequivocally that she was currently unfit to travel by air and that enforced removal would likely cause a significant deterioration in her condition.
This medical assessment became the cornerstone of her appeal, successfully arguing that deportation under such circumstances would violate the UK's human rights obligations.
A Setback for the Home Office
This ruling represents a significant challenge to the Home Office's immigration enforcement policies. The tribunal judge found that the initial decision-maker had failed to properly consider the appellant's mental health evidence, deeming it a material error of law.
The case has now been sent back for a fresh hearing, where a new judge must give full consideration to the psychiatric reports before reaching a decision.
Broader Implications for Asylum Claims
Legal experts suggest this judgment could set a powerful precedent for future cases where mental health forms a central part of an asylum appeal. It underscores the growing recognition of psychological wellbeing within immigration proceedings.
The outcome highlights the complex interplay between mental health law and immigration policy, potentially opening new avenues for claimants facing similar circumstances.
The Home Office has declined to comment on the ongoing proceedings.
