‘Openly gay’ asylum seeker’s fresh claim to remain in UK due to ‘risk of persecution’ in Zimbabwe dismissed



Lord Bannatyne
Lord Bannatyne

A Zimbabwean asylum seeker whose human rights claim to remain in the UK was refused by the Home Secretary has had an application for judicial review of a decision that he had not made a fresh claim to remain in the country dismissed.

The petitioner “GC” argued that, as an “openly gay” man, he would be faced with a “real risk of persecution” if returned to his home country.

But a judge in the Court of Session in Edinburgh ruled that new material produced to support the further submissions made would not entitle an immigration judge to reach a different conclusion from the respondent, our sister publication Scottish Legal News reports.

In a written opinion, Lord Bannatyne said: “There is nothing in the new material which would entitle an immigration judge to take a different view from that of the respondent. Accordingly, there is no realistic prospect of success before an immigration judge.”



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