A GAY Zimbabwean man is facing deportation back to Zimbabwe from Scotland.

The man, known only in court as GC, had sought asylum in the UK in 2016 and was refused by the Home Office in September 2017.

The immigration tribunals twice kicked out his case, and he appealed again at the time when there was a “spike” in violence in Zimbabwe, but the Home Office said his submissions did not constitute a fresh claim.

GC went to the Court of Session in Edinburgh to ask for a judicial review of this last decision, and recently, Lord Bannatyne issued his judgment refusing the petition.

Human rights lawyer, advocate Alan Caskie, represented GC and said there was new material which showed his client would be at risk if he was returned to Zimbabwe.
According to Lord Ballantyne’s written judgement, the advocate pointed to the judgement of the First Tier Tribunal, which accepted that the petitioner wishes to live in Zimbabwe as an openly gay man.

A lawyer for the Home Office stated in court that there was homophobia in Zimbabwe, but it did not present a general risk to homosexuals, and in any event, it was open to people to internally locate. He rejected the contention that the new material about a spike in violence would increase persecution of homosexuals.

Lord Bannatyne concluded: “I do not agree with Mr Caskie’s submission that the spike in violence in Zimbabwe at the time of the challenged decision provides the additional necessary factor to cause an openly gay man, such as the petitioner, to be at a real risk of persecution upon his return to Zimbabwe.” National