Asylum Appeal of a Member of LGBT Community Allowed by First-Tier Tribunal

Yet more success for our leading immigration lawyer Oksana Demyanchuk and her team. The First-Tier Tribunal allowed asylum appeal for a member of LGBT community.

The Client was a national of Russia and claimed asylum in the UK on the basis of the sexual orientation. The client was a member of the LGBT+ community and feared returning to Russia due to persecution from the state and society. 

Therefore, the client sought to claim asylum as a member of a particular social group. This is one of five categories that allow to claim refugee status. The other four being race, religion, nationality, and political opinion. 

Particular social group has been defined as having an innate immutable characteristic.

For example, sex or ethnicity, or sexual orientation. It can also have an immutable characteristic that is not innate but is unalterable for other reasons. These includes historical facts of a past association, occupation, or status. It can also be a characteristic that is so fundamental to human dignity that nobody can require a person to change it.

Asylum Refusal & Appeal

The Home Office initially refused the application. Oksana Demyanchuk and Michael Carter lodged an appeal against the decision.

They stated that the decision of the Home Office breached the UK’s obligations under the Refugee Convention and the European Convention on Human Rights. 

The evidence Oksana and Michael put forward served as the basis for the decision.

The Judge found that:

«Given the lack of toleration of same-sex relationships, as evidenced […] it does in my view amount to a significant barrier to a person in a same-sex relationship, to continue life in an integrated fashion in a society where such relationships are simply not accepted”. 

It was for these reasons that the Judge found that the Appellant qualifies for leave to remain under Article 8. In particular through paragraph 276 ADE (1) (VI) of the Immigration Rules as there are significant obstacles to Appellant’s re-integration into Russia.

Accordingly, the Tribunal allowed the appeal under the Human Rights Convention. 

Should you have any questions regarding claiming asylum in the UK, or would like a free assessment of your particular personal circumstances, please do not hesitate to contact us.

 

Oksana Demyanchuk

Email: oksana@sterling-law.co.uk

Tel. 020 7822 8535

 

Michael Carter

Email: michael@sterling-law.co.uk

Tel. 020 7822 8535

 

 

UK Immigration & Legal Assistance

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