The court has dismissed the government`s appeal to inhibit an asylum seeker whose case was decided under the Home Office from returning to the UK.
A young gay woman who had been unlawfully deported from the UK to Uganda was gang-raped. Following legal proceedings against the Home Office, the 27-year old woman won the case in a court ruling which could open the door many similar challenges.
On Monday, the High Court ruled that rejecting her asylum claim was against the law as it gave her less time to obtain enough evidence to support her case.
An attempt by the Home Office to challenge the court`s ruling to allow the asylum seeker to return to the UK was unsuccessful. The Court of Appeal dismissed the department`s appeal stating that the woman was unlawfully detained in the country for four months.
The young woman told the Independent in July 2019 how she struggled to survive after being deported to her home and the pain she went through after having a child as a result of sexual assault.
“I was sleeping one night, the people came, they banged on the door, they stole everything and they raped me. I was on my own in the room,” she said. “I couldn’t tell the police as I don’t want them to know who I am… I moved away from that place.
“I wanted the doctor to terminate the baby, as I didn’t know if I would be able to manage it, but the doctor said that if I tried to do that I might lose my life. The only people I have in my life are my baby and the people who are helping me in the UK.”
PN welcomed the Court of Appeal`s judgement and said that it confirms the lack of justice that the “detained fast-track process” had on thousands of asylum seekers in the UK. Many asylum seekers had to go through the unfair removal process and the court`s ruling will help their asylum appeals to be lawfully reconsidered.