A Bangladeshi asylum seeker has lost his bid to remain in Britain after an immigration tribunal rejected his claim that he faced persecution because he was gay.
As per The Telegraph, the man, identified as MHK, claimed he had begun living openly as a gay man in the UK and would face serious harm if returned to Bangladesh. He submitted photographs, witness evidence, details of a relationship with another man and evidence of involvement in LGBT community groups.
However, the First-tier Tribunal found that the photographs had been “staged to present the appellant as gay, rather than reflecting the true nature of his sexuality”.
The case was later considered by the Upper Tribunal, where Deputy Judge Richard Singer, as per The Telegraph, said an immigration judge was entitled to scrutinise photographic evidence rather than accept it at face value.
“A judge is not required to accept photographic evidence at face value.”
The tribunal identified what it described as inconsistencies in MHK’s account of his relationship with another man.
As per report, MHK said the relationship lasted from December 2023 to June or July 2024, while the other man said they had been in a casual relationship throughout 2024.
Judges also questioned MHK’s account of telling his family about his sexuality.
The man claimed his father suffered a heart attack after learning he was gay and that his mother told him not to contact the family until he had “changed”.
The tribunal noted that his alleged partner did not refer to the incident despite supposedly being in a relationship with MHK at the time.
MHK also claimed to have used Grindr and to have been involved with Apanjon, a Bangladeshi LGBT organisation, but provided no supporting records showing his alleged participation.
The tribunal also considered his previous political asylum claim, which the original judge had found to be fraudulent.
The Upper Tribunal concluded that the First-tier Tribunal had properly considered the evidence as a whole and had not made a material error of law.
MHK’s appeal was dismissed, leaving in place the decision refusing his protection and human rights claims.
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