Gay woman spared deportation
A GAY woman trying to avoid deportation to an African state where men perform ‘curative’ rapes on lesbians has won a legal battle towards remaining in the UK.
The woman believes it is not reasonable to expect her to return to Namibia with her British partner, a woman named G, but in March 2019 the then Home Secretary Sajid Javid rejected her bid to stay in Britain.
The woman, known as BK, had previously made an asylum claim based on her sexuality which was rejected in May 2013.
Mr Javid refused to treat the new submission as a fresh claim, which prompted BK to instruct lawyers to go to the Court of Session in a bid to quash Mr Javid’s decision.
Her lawyers told judge Lady Carmichael that Mr Javid did not properly consider how gay people are treated in Namibia and the potential ramifications it would have on G if she had to move there.
In a judgment published yesterday, Lady Carmichael agreed, and said there was not sufficient evidence to show civil servants considered the impact on G and her human rights if she had to move to Namibia.
The submissions made by BK last year related to her relationship with G. The couple believed that it would not be reasonable for G to move away from Britain to continue their relationship abroad.
BK’s legal team claimed the decision made by Mr Javid breached G’s rights under Article 8 of the European Convention on Human Rights – the right to a private and family life – and also told the court that, in his 2019 decision, Mr Javid did not properly consider that some gay people in Namibia have been subjected to violence.
Describing the information provided to the court, Lady Carmichael wrote: ‘There have been reports of “curative rape” of lesbians, but the available evidence is limited on scale and frequency of such treatment.
‘Some LGBTI persons have faced harassment and have been denied access to healthcare services.’
Lady Carmichael said there was no evidence the Home Office considered what the impact on G would be if she had to move to Namibia and ordered that the Home Secretary should now reconsider the submissions brought by BK last year.