Kenyan Asylum Seeker Evades Deportation After Tribunal Finds Errors in Her Documentation
- A Kenyan woman who was on the verge of deportation from the UK has escaped the purge by a whisker
- The woman has to thank "careless errors" in her documentation, which granted her the right to remain abroad
- An immigration court ruled that her case contained so many factual inaccuracies that an objective observer would question the fairness of her deportation.
London, UK – A Kenyan asylum seeker has been granted the right to remain in the United Kingdom after a senior immigration court overturned an earlier decision.
Source: Getty Images
According to The Telegraph, the immigration court described it as “riddled with errors” and lacking the required legal scrutiny.
Why Kenyan woman sought asylum in UK
The woman, whose identity remains protected for her safety, fled Kenya in 2018 after her family discovered she was in a relationship with a fellow woman.
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Her case was built around the persecution she faced after photos of her and her partner were shared without consent.
The fallout led to a fallout with her family and husband, prompting her flight from Kenya. Facing threats to her life, she sought refuge in the UK, fearing persecution if forced to return home.
Initially, her asylum application was dismissed by a lower-tier immigration tribunal, which concluded she was not at risk of being killed or tortured in Kenya.
However, upon appeal, the UK’s Upper Tribunal sharply criticised the initial ruling, citing numerous “careless” errors and misinterpretations of evidence.
Why deportation case collapsed
Judge David Pickup, presiding over the appeal, found that the original judgment failed to demonstrate the “anxious scrutiny” expected in asylum cases.
He noted that the decision contained so many typographical mistakes and factual inaccuracies that an objective observer would question the fairness of the process.
One glaring error was a contradictory statement claiming the woman was “entitled to humanitarian protection,” despite the ruling ultimately denying her such protection.
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The judge further highlighted that the tribunal had misrepresented her argument, asserting she kept her relationship secret, when that was not a claim she had made.
How tribunal erred in deportation case
Her lawyers presented evidence of the ongoing risks LGBTQ+ individuals face in Kenya, where such relationships remain criminalised and stigmatised.
They argued that the lower tribunal failed to adequately consider the context of her claim and overlooked vital aspects of the evidence.
While the Home Office acknowledged some shortcomings in the original ruling, it had maintained that the judge’s conclusions were valid.
The Upper Tribunal disagreed, ordering the case to be reheard.
This decision comes amid intense debate in the UK over immigration and asylum policies, as the government considers new legislation aimed at tightening immigration and deportation procedures.
Trump's administration asks illegal immigrants to self-deport
Meanwhile, the United States (US) has urged all undocumented immigrants in the country to self-deport through the CBP home app.
The Department of Homeland Security (DHS) announced that US President Donald Trump's administration has deported 152,000 people since January.
William Kimani, a Kenyan residing in the US, told TUKO.co.ke that Trump's plan may not work as the $1,000 (KSh 129,113) is insufficient.
Source: TUKO.co.ke
