An asylum seeker who claimed his sexuality had “changed” has lost his appeal to re-enter the UK after it emerged he is now married to a woman.
Esmir Demaj – from Albania – initially petitioned for the right to stay in Britain on the grounds that he was gay, but was later found to have deliberately “misled” the Home Office.
The Upper Tribunal of the Asylum and Immigration Chamber dismissed his case after determining he had done nothing to notify the Government of his “changed circumstances”.
The tribunal heard that Demaj had a history of “absconding” immigration control.
Demaj’s initial asylum claim was refused in April 2023, after which he returned to Albania. He subsequently applied to return to the UK to join his wife, but this request was refused by immigration officials in September 2023.
The tribunal’s judgement stated: “[Mr Demaj] had unsuccessfully claimed asylum in the United Kingdom on the basis of his claimed homosexuality. He is now married to a woman and claims that his sexuality has ‘changed’.”
The Albanian national appealed the Home Office decision and took his case to the First-tier Tribunal.
During this hearing, the judge acknowledged that being “currently in a committed heterosexual relationship” doesn’t necessarily mean his previous claim to have been gay was “untrue”.
Despite the judge accepting that “sexuality is a spectrum”, the tribunal noted that Demaj’s relationship with his current wife occurred simultaneously with his claimed homosexuality.
The court found he had “done nothing” to notify the Secretary of State about his changed circumstances.
In dismissing his appeal, the judge concluded that Demaj “deliberately chose not to disclose that he was now in a relationship with a woman and had reconciled with his father because he believed it would not assist him in remaining in the UK”.
The judge stated: “I find it likely this was a deliberate attempt to mislead the [Home Office].”
The tribunal found that Demaj could not succeed with his claim because he had “contrived in a significant way to frustrate the intention of the Immigration Rules”. Unsatisfied with this outcome, Demaj escalated his case to the Upper Tribunal.
Upper Tribunal Judge Clive Lane heard evidence relating to Demaj “absconding” from immigration authorities.
Judge Lane ultimately dismissed Demaj’s appeal, bringing an end to his attempts to re-enter the UK after what the tribunal determined was a deliberate effort to mislead immigration officials about his circumstances.
Under the European Convention of Human Rights, individuals who may face persecution because of their sexual orientation can claim asylum in the UK. This provision offers protection to those genuinely at risk due to their sexuality in their home countries.