The African woman must now be brought back to Britain because she was “unlawfully detained and deported”, the High Court has ruled. In 2013, her asylum application was rejected and she was subsequently deported.
The 26-year-old, known only as PN, arrived in the UK in 2010 at the age of 17, but ignored her visa limit claiming that she feared that her uncle would kill her if she returned to Uganda.
She was arrested after her visa expired and sent to Yarl’s Wood detention centre, but in her asylum request PN had claimed she faced persecution and possible execution if she returned to Uganda, as reported by The Times.
But investigators said the African asylum seeker had not provided any evidence of a same-sex relationship in the UK or Uganda. When Home Office officials raided her flat for visa violations they found her in bed with a man, they told the High Court.
Justice Lewis however said last week that the woman was denied the chance to show she had been in a lesbian relationship in Uganda.
The Times reported that the jugde ruled that the fast track appeals system – first introduced by Tony Blair’s government in 2005 – did not give PN sufficient time to substantiate her claim.
Justice Lewis ordered the Home Secretary to “use his best endeavours to facilitate the return of PN to the UK” and she is also currently entitled to claim financial damages from from the government because she was unlawfully detained and deported.
Movement for Justice, a human rights group that has been supporting the “lesbian” told The Guardian that the Home Office would likely appeal the decision.