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A man who sought asylum in the United Kingdom by claiming he faced persecution in Albania for being gay has had his bid to remain in the country definitively rejected after it emerged he is married to a woman. Esmir Demaj's case, which hinged on his assertion of homosexuality, was deemed to be based on deliberate deception of the Home Office. He failed to disclose his marriage to a woman already residing in the UK while claiming asylum on the grounds of his sexual orientation.
Demaj initially argued that being returned to Albania would constitute a breach of his rights under the European Convention on Human Rights (ECHR). Following the rejection of this initial plea in April 2023 and his subsequent deportation, Demaj launched a second asylum claim, seeking to join his wife in the UK.
In this second application, Demaj suggested that his sexuality had "changed" between his initial claim and his remarriage. However, Upper Tribunal Judge Clive Lane dismissed this argument, stating that while "sexuality is a spectrum," Demaj was obligated to inform the government of his "changed circumstances." The judge concluded that his failure to do so amounted to "misleading" the Home Office. The tribunal also heard evidence of Demaj "absconding" from immigration authorities.
The tribunal noted the timeline of events, highlighting that Demaj's "committed heterosexual relationship" coincided with his initial claim of being a gay man seeking asylum. Judge Lane stated 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 [to] remain in the UK."
Ultimately, the Upper Tribunal of the Asylum and Immigration Chamber dismissed Demaj's appeal against the refusal of his second claim, meaning he will not be permitted to settle in the UK.
This case comes at a time when the government is planning to clarify Article 8 of the ECHR, which guarantees the right to respect for private and family life. This move follows concerns about "ad-hoc" interpretations by UK courts, exemplified by a case where an Albanian criminal was allowed to remain in the country partly due to his son's preference for British chicken nuggets.
Under the proposals outlined in the government's immigration White Paper, Parliament will establish a stricter framework for judges to adhere to when deciding such cases. The aim is to "strike the right balance between individual family rights and the wider public interest."
A central objective of this new framework is to restrict successful claims from individuals who attempt to "get around the rules" and "frustrate and delay" their deportation through the use of false pretenses. This case involving a fabricated claim of homosexuality underscores the government's concerns about the integrity of the asylum system and the need for more robust measures to prevent abuse.
