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UK ordered to return lesbian after wrongly deporting her back to Uganda

UK ordered to return lesbian after wrongly deporting her back to Uganda

Asylum seekers are facing 'too high a bar' in the UK | Photo: Immigration Equality

The UK is ordered to return a gay woman after wrongly deporting her to Uganda.

The 25-year-old, who was deported five years ago, was told she could return in a landmark court ruling.

Some suggest this could open the door to thousands of similar challenges, according to the Independent.

The lesbian, who arrived in 2011 and claimed asylum on the basis of her sexuality, was refused asylum in 2013. She was removed on the grounds the Home Office did not believe she was gay.

High Court orders UK to return lesbian after wrongly deporting her back to Uganda

But now, a High Court judge has ruled the government’s decision to refuse her claim was reached by an unfair process.

The judge also said the government did not give her sufficient time to obtain evidence to support her case.

The fast-track system, which aimed to make asylum decisions within two weeks, had a 99% rejection rate.

Late last year, new Home Office statistics revealed the UK had rejected more gay and bi asylum claims than ever before.

New Home Office statistics reveal the grant rate for people claiming asylum on the basis of sexual orientation has fallen from 39% in 2015 to 22% in 2017.

It is harder to claim based on sexual orientation compared to all other asylum claims. The grant rate for LGBT asylum claims is 29%, compared to 36%.

It is also harder to appeal.

The success rate at appeal was lower for LGB-related claims (34%) compared to all claims at (37%).

What is the Rainbow Rush scandal? 

Gay Star News sent an open letter regarding the Rainbow Rush scandal to the Home Secretary in June.

Data shows the Home Office, in the past two years, have turned away thousands of genuine gay or bi asylum applications.

‘Home Office officials have turned down genuine applicants, advised them to go home and “act discreetly” or even suggested religion can “cure” them,’ we said.

‘We call on the government to enact an immediate moratorium on deporting or detaining any asylum seekers.

‘We demand an independent inquiry into the Rainbow Rush cases and will be happy to provide evidence to that inquiry.

‘And we further ask that HM Government agrees to accept the recommendations of that inquiry. We also ask the government to enact permanent changes to ensure our asylum system is fair to all LGBTI and other asylum seekers in future.

‘This is a once in a generation opportunity for the UK to put an end to historic wrongdoing by immigration officials. We can ensure we are, in future, ranked as world leaders in our provision of asylum on humanitarian grounds.’

How did the UK respond to the campaign? 

Sajid Javid is the current Home Secretary

Home Secretary Sajid Javid said caseworkers were now being trained specifically on how to handle claims based on sexual orientation.

‘Our guidance emphasises the realisation of sexual identity rather than sexual practices, and the risk of persecution on that basis. It also prohibits any type of stereotyping or the asking of sexually explicit questions or receipt of sexually explicit evidence,’ Javid said.

The UK will also now provide guidance on not just sexual orientation, but on gender identity including non-binary.

However, the Home Office is refusing to carry out an independent inquiry into these cases. The UK also failed to agree to a moratorium on deportation or detention.