Asylum seeker ‘too depressed’ to be deported will remain in the UK

The woman, who entered the UK in 2021, cited mental health issues and fear of persecution in her claim to asylum in the UK. She has been in the UK since her arrival on a visitation visa in 2021.

In her asylum claim, the unnamed woman said she is “not fit to fly” until she recovers from her severe depression, stemming from fear of persecution in her home, Sri Lanka.

She claims she has experienced mental health issues since 2004.

The claim comes amid unrest, with anti-asylum demonstrations gaining traction across the UK. Protests were sparked after last week's Home Office success in overturning an injunction that ordered the removal of migrants from The Bell Hotel in Epping.

Reform UK leader Nigel Farage said the decision showed that illegal migrants have more rights than Britons under Sir Keir Starmer.

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A judge initially rejected her claim, saying it “lacked credibility” and that she could be accompanied by one of her four daughters. However, following an appeal, a different judge has ruled that her case must be reheard.

The woman, who is married and has five children, originally fled Sri Lanka over fears she would be persecuted for her family’s support of the Tamil Tigers - a militant group fighting for Tamil independence.

She said this support has subjected her family to “adverse attention” from authorities in Sri Lanka.

The tribunal heard that her four daughters are UK residents, whilst her son lives in France. Her husband remains in Sri Lanka in an “obscure forest area” to avoid authorities.

Her testimony relied on a psychiatric report by Dr Saleh Dhumad, a consultant psychiatrist. The judgement stated the woman’s symptoms were in line with depression, and said that due to “her unstable mental health with suicide risks, anxiety and severe depression” the woman was “not fit to fly and would remain unfit for a few years”.

The case comes as Home Secretary Yvette Cooper is expected to shake up the asylum system by fast-tracking appeals within 24 weeks. She is also expected to make it more difficult for rejected asylym seekers and foreign offenders to use the European Convention on Human Rights (ECHR) to remain in the UK.

Deputy Upper Tribunal Judge Haria found the first-tier judge had made a legal mistake in failing to clarify how they reached the original conclusion that dismissed the woman’s claims.

As a result, Judge Haria set the decision aside and said it must be heard again.