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Human rights

Asylum Seeker Allowed to Remain in UK after Escaping Wicked Stepmother

Strategic Insights

— 2 min read

A Guinean asylum seeker, now in his early 20s, has been granted permission to stay in the UK after a judge ruled that he would face punishment from his stepmother if he were to return to his home country. The man fled Guinea to escape his stepmother's physical abuse and forced labor after his biological parents died in a car accident. An immigration tribunal heard that if he returned, he would be punished for disobeying her and violating social norms. The asylum seeker has won a human rights claim to remain in the UK, a case that highlights the challenges of the asylum system.

Key Takeaways:

  • The asylum seeker, now in his early 20s, fled Guinea after his biological parents died in a car accident and his stepmother physically abused and forced him to work long hours.
  • The Upper Tribunal of the Immigration and Asylum Chamber found that the man would face punishment from his stepmother if he returned to Guinea for disobeying her and violating social norms.
  • The asylum seeker managed to secretly save money to send his younger brother away and eventually flee to the UK with the help of a family friend.
  • The case highlights the challenges of the UK asylum system, where migrants have been able to remain in the country or halt their deportations on human rights grounds.
  • The Home Secretary, Yvette Cooper, has announced plans to curb judges' powers to block deportations with new "common sense" rules to clarify how judges interpret the European Convention on Human Rights (ECHR) and strengthen the public interest test.
  • The asylum seeker was granted anonymity and was found to be a "vulnerable witness" who "cannot be held responsible for the actions of the family friend who fraudulently obtained a passport and visa on his behalf".
  • The Home Office attempted to appeal the decision, but it was dismissed entirely by the Upper Tribunal.

Statistics:

  • The asylum seeker arrived in the UK in 2019 and made his asylum claim the same year.
  • The First-tier Tribunal accepted the man's account and he was allowed to remain in the UK on both protection and human rights grounds.
  • The Upper Tribunal of the Immigration and Asylum Chamber heard that the asylum seeker's stepmother physically abused and forced him and his younger brother to work long hours.
  • The tribunal heard that this type of situation is "not unusual" in Guinea, where children of other wives are often "vulnerable" to "exploitation and abuse" when they are without the protection of blood relatives.

Sources:

  • "A Guinean asylum seeker has been allowed to remain in the UK after escaping his wicked stepmother", The Telegraph, [no date].
  • "Upper Tribunal of the Immigration and Asylum Chamber", The Telegraph, [no date].
  • "Home Secretary Yvette Cooper", The Telegraph, [no date].
  • "European Convention on Human Rights (ECHR)", [no date].

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