Bangladeshi man who ‘fabricated homosexuality’ to claim asylum in Newcastle granted appeal
A Bangladeshi man who claimed asylum in the UK on the basis of his sexuality has been granted permission to appeal.
The permission to appeal was granted after a Newcastle immigration tribunal was found to have failed to properly consider key evidence with the man, referred to only as SD for legal reasons, having initially had his claim rejected after a judge at a Newcastle-based first-tier tribunal ruled in 2024 that he had “fabricated” his homosexuality in order to remain in the country.
SD, 40, arrived in the UK on a student visa in 2018 and claimed asylum four years later, saying he feared persecution if returned to Bangladesh due to his sexuality. His application was refused in October 2023, and the first appeal—heard in Newcastle—was dismissed in November 2024, with the tribunal judge stating SD had falsely identified as gay to “follow in the footsteps” of friends who had successfully claimed asylum on similar grounds.
But that decision has now been overturned by Upper Tribunal Judge Christopher John Hanson, who ruled that crucial evidence—particularly testimony from SD’s romantic partner—had been ignored.
In a written decision published on Wednesday, Judge Hanson criticised the Newcastle tribunal’s handling of the case, stating: “(His partner) is someone who gave direct evidence of the relationship… and who has direct knowledge of the appellant’s sexuality. At no point does the judge refer to the evidence of that witness or indicate what weight was given to that evidence.”
Judge Hanson described the omission as “material,” adding it raised “an issue of fairness,” as a “core part of the evidence was not properly factored into the decision-making process.”
He also noted that support from members of Newcastle’s local LGBTQ+ community had been “unfairly mischaracterised” by the original tribunal. Witnesses had testified they had attended an informal wedding ceremony between SD and his partner, and observed the couple’s active involvement in the community.
“It is a complete and unfair characterisation of their evidence to suggest that they can at best only say what they have been told,” Judge Hanson wrote, emphasising that witnesses had direct interactions with the couple.
The case will now be reheard by a different judge at the first-tier tribunal.
Local advocacy groups in Newcastle’s LGBTQ+ community have called for increased awareness of how asylum claims based on sexuality are assessed, particularly amid concerns of unconscious bias in tribunal decisions.