News / International
Gay man faces deportation back to Zimbabwe
18 Sep 2013 at 10:37hrs | Views
A Zimbabwean who claimed he was gay and would be killed if he was forcibly returned to Masvingo has lost his asylum claim.
The 32-year-old man who will now be deported was told by an immigration judge that he was lying that he was gay. His claim that he was an active MDC member was also dismissed.
Judge Renton said that the Zimbabwean "had fabricated his account of being involved in political activities with the MDC whilst living in Zimbabwe, nor in the UK," and that he had "fabricated a false asylum claim that he was gay."
The Zimbabwean entered the UK illegally on 12th April 2001, but did not apply for asylum until 13th July 2012. That application was refused. He appealed.
Home Office lawyers argued that it was safe to return him to Zimbabwe.
"It was now more than ten years since the Appellant had left Zimbabwe and the authorities would have no interest in him. He had no political profile, and had not been politically active in the UK. Even taking the Appellant's case at its highest, he was not at risk on return to his home town of Masvingo."
The Zimbabwean fought back saying that "he had been active in the MDC at the time that he had left school, and was opposed to Zanu-PF. Therefore it would not be safe for him to return to Masvingo. He had been born in Bulawayo, but now had no home or family there."
The judges of appeal dismissed his asylum claim saying that he had been absent from Zimbabwe for a significant time and he can safely return to the country.
"I accept that the Appellant has no family nor home in either city (Harare and Bulawayo), but the economy of Zimbabwe has markedly improved in recent times, and there was no evidence that it would be unreasonable by way of being unduly harsh to expect the Appellant to relocate to those cities. I therefore find that the Appellant is not at risk on return."
The 32-year-old man who will now be deported was told by an immigration judge that he was lying that he was gay. His claim that he was an active MDC member was also dismissed.
Judge Renton said that the Zimbabwean "had fabricated his account of being involved in political activities with the MDC whilst living in Zimbabwe, nor in the UK," and that he had "fabricated a false asylum claim that he was gay."
The Zimbabwean entered the UK illegally on 12th April 2001, but did not apply for asylum until 13th July 2012. That application was refused. He appealed.
"It was now more than ten years since the Appellant had left Zimbabwe and the authorities would have no interest in him. He had no political profile, and had not been politically active in the UK. Even taking the Appellant's case at its highest, he was not at risk on return to his home town of Masvingo."
The Zimbabwean fought back saying that "he had been active in the MDC at the time that he had left school, and was opposed to Zanu-PF. Therefore it would not be safe for him to return to Masvingo. He had been born in Bulawayo, but now had no home or family there."
The judges of appeal dismissed his asylum claim saying that he had been absent from Zimbabwe for a significant time and he can safely return to the country.
"I accept that the Appellant has no family nor home in either city (Harare and Bulawayo), but the economy of Zimbabwe has markedly improved in recent times, and there was no evidence that it would be unreasonable by way of being unduly harsh to expect the Appellant to relocate to those cities. I therefore find that the Appellant is not at risk on return."
Source - tribunalsdecisions.service.gov.uk