Nigerian gay rights activist has her High Court asylum bid rejected - because judge doesn't believe she is lesbian

[Calllaris]

Link; http://www.independent.co.uk/news/uk/home-news/nigerian-gay-rights-activist-has-her-high-court-asylum-bid-rejected--because-judge-doesnt-believe-she-is-lesbian-10155083.html

 

A Nigerian gays right activist who fears imprisonment and death because of her sexuality has had her case for asylum rejected by the High Court – after a judge ruled that she was pretending to be lesbian.

Aderonke Apata was so desperate to convince the Government she was gay that she submitted a private DVD and photographs of her sex life as evidence. Yet a High Court judge has ruled that she engaged in same sex relationships in order to “fabricate” an asylum claim.

Ms Apata, 47, came to Britain in 2004 and has won awards for her gay-rights campaigning. She is engaged to her long-term partner Happiness Agboro, also from Nigeria, who has already been granted asylum in the UK based on her sexuality.

John Bowers QC, who was sitting as a Deputy High Court Judge, said “I find it difficult to disagree with the conclusions of the First Tier Tribunal that ‘she has engaged in same-sex relationships in detention in order to fabricate an asylum claim based on claimed lesbian sexuality’. I also accept the associated submission made by [the Home Office] that she has in effect adjusted her conduct so as to adopt other customs, dress and mores of a particular social group purely as a way of gaining refugee status.”.

The judge acknowledged petitions signed by several hundred thousand people supporting her case – and her considerable support from LGBT activists in court –  but said “I do not think that can amount to evidence as opposed to opinion and support (although that support is very impressive).”

 

Judge Bowers did not accept a controversial Home Office argument that Ms Apata could not be gay because she had previously had children and heterosexual relationships. Nevertheless, he agreed with the Government’s assessment that she could not be considered part of the ‘particular social group’ known as lesbians.

Human rights campaigner Peter Tatchell, who was in court to support Ms Apata, said of the ruling: “It’s bizarre that the judge does not accept that Aderonke is a member of a particular social group, namely lesbian women. I find it offensive to suggest that she’s adopted the ‘customs, dress and mores’ of lesbian women purely in order to gain refugee status, given the evidence that she’s presented in her claim. “The worst aspect of the  ruling is the judge doesn’t accept that she has a well founded fear of persecution if she returns to Nigeria. It’s clear that she’s been publicly identified in the UK and in Nigeria as a lesbian or bisexual woman. Such women face the twin threats of legal persecution and mob violence in Nigeria.”

The Home Office argues that Ms Apata had “played the system” by making several different asylum applications. It also said that she could not be trusted because she had been convicted for using false papers to work – despite it being a desperate measure to stave off destitution after her asylum case was rejected.

Ms Apata is frightened of what will happen next but believes there may be further legal avenues for her to pursue. She did not want to risk damaging a future case by commenting publicly on the ruling.

 

Ms Apata was diagnosed with post-traumatic stress in 2005 and attempted suicide when she was in prison facing deportation. Her mental health formed part of the case.

Homosexuality is punishable by up to 14 years in prison in Nigeria under laws passed in January 2014 and there has been a spike in violence against gay people.

[Calllaris]

Too much troubles at 47 already. How can you blame anybody who remains in the closet?

[dequeen]

They probably think its a midlife crisis and will soon pass.

[Calllaris]

Dequeen, that's hilarious.

[Hawken]

Those English people can be ruthless even heartless sometimes. Its pretty obvious she's gay, they just don't want to grant her asylum.

[Calllaris]

Hawken, why do you think they don't want to grant her assylum?

[Suavity]

She have some badluck on her side I guess.

[Hawken]

Hawken, why do you think they don't want to grant her assylum?

 

I have no idea, but shes obviously gay and its not like people just wake up and make the decision to be gay. One that will invariably make life harder no less. So their refusal on the account that they do not believe shes gay is baffling.

[dequeen]

The problem is that she was married to a man for several years and even had children in the marriage, I think about three. Now they feel that if she was actually gay, how could she live a straight life for so long? at best she's bisexual they must be saying and even our lesbian sisters in the house see we bisexuals as phony. you wouldn't blame straight people for seeing them the same way.

[Hawken]

A straight marriage and several children after is not enough grounds to send someone back to a country where they very well know she'll be persecuted. Right now, because of the publicity and attention this case has received, it doesn't matter anymore weather she is gay or not because the moment that lady steps foot in this country and is recognized, she will be harassed. Moreover, aren't they the ones always publishing studies that show that people are more likely to come out when they are older? And considering the country the lady is from, i don't think its exactly hard to see and understand why she lived as a straight woman for so long. These are things i am sure they know. They are just been inconsiderate, strict and tbh a little bit racist. I mean a white man intentionally crashed a plane into a mountain, effectively ending the lives of more than a hundred people and they have conveniently blamed it on depression. This lady right here is more than depressed. Shes desperate. Make them leave am abeg.

[Calllaris]

Equally, eighty percent of Africans/ Nigerians who migrate to Europe for all the wrong reasons declare themselves as lesbian or gay asylum seekers or political fugitives, on arrival. This "reason" for leaving their home country has been over cited, its hard to believe anymore..

[dequeen]

The world is not ruled by the heart but the head.

[Hawken]

Lool true talk @dequeen

 

Lmao i am not shocked at all. They don't want to come back home @callla

[FlyJ]

Yea, I followed her story and all I can say is that her story was patchy.

[Calllaris]

The united kingdom home office probably thinks this is yet another way to manipulate the asylum 'system'. Claiming to be homosexual, just another way of assuring "themselves" easy passage to citizenship in the UK.

Keeping your sexuality secret seems to be perfectly good advice. The solution for LGBT in countries that persecute, is not for gays to leave the country, but to hang in there and wait for change. It'll never happen if they all leave.