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UK: Gay asylum seeker loses deportation fight

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  1. This is disgusting and yet the had trouble getting rid of the likes of Abu Hamza.

    I really feel for this man.

    1. de Villiers 15 Oct 2012, 6:17pm

      Talk about a rush to judgment – it seems that no one here has yet read the Judgment. A person being gay, or saying that they are, does not mean that they must win their case. Does anyone have a link to the decision so we can read it and make an informed view? Surely these are in the Internet somewhere for us to read?

      1. These cases are rarely reported in the mainstream media, and never in any detail, but if a number of Mr. Ayelokun’s sexual partners have testified in court that he is gay, surely that is case closed?
        Ironic that in the 19th century, Oscar Wilde and others fought to prove they were NOT gay! If Mr. Ayelokun returns home, he will be in the same situation.

  2. The Home secretary should be personally held accountable for this shocking abuse.

    1. de Villiers 15 Oct 2012, 6:15pm

      What – for the decision of an independent judge?

      1. so the judge is never wrong, then how come we have appeal courts in this country

        1. de Villiers 16 Oct 2012, 2:56pm

          I agree – those appeal courts do not include the Home Secretary.

    2. Robbie, I am no fan of Ms. May, but she has shown courage and wisdom in blocking the extradition of Garry McKinnon. I hope she can do likewise in this case, though I do not know the legal protocol in these cases.

  3. Presumably not every asylum seeker fails to convince judges of their orientation. I’m intrigued about the particular problem here. I hope he comes to no harm in Nigeria but whether he’s really gay or not, his notoriety will do him no favours there. Poor man.

    1. Sister Mary Clarence 15 Oct 2012, 4:19pm

      It all seems a bit subjective to me though, its almost like we’re saying:

      “Although you’re new here and probably a bit unsure of everything and everybody, you’ve got to be r-e-a-l-l-y g-a-y. If you’re good at it you can stay, and if you’re not we’ll send you back home and hope that no one over there has found out about you trying to be r-e-a-l-l-y g-a-y while you were here”

  4. There is something seriously wrong with this UK Border Agency. What do they expect? Do they need him to have sex with a man on camera and submit the video as evidence? This man faces real danger in Nigeria. Appalling.

    1. Sister Mary Clarence 15 Oct 2012, 4:22pm

      Well seemingly he didn’t sleep around anywhere near enough. Perhaps we need to be clearer to people coming from these oppressive regimes – unless they can sleep with at least a couple of hundred men (ideally more), all of whom may be required to attend court and testify to that effect, they may as well not even bother to apply for asylum

  5. Robert in S. Kensington 15 Oct 2012, 2:35pm

    I wonder how a heterosexual Nigerian female fleeing to the UK for asylum after committing adultery (stoning to death is the prescription under Sharia law) would prove her sexual orientation? What would she have to do? Have sex with one of her jailers or allow herself to be raped?

    Vile disgusting decision by the Home Office. If this man dies, our government will be complicit in his death.

    1. And they won’t care one bit. It will keep on happening again and again. When are we going to help our LGBT African friends?

      1. Spanner1960 17 Oct 2012, 10:25am

        I think many people are trying to help them.
        The problem is trying to prevent others using this as an excuse to get into the country. LGBT people need to be aware that just showing up at our front door will probably not be enough, so any information or evidence to help demonstrate their case needs to be prepared beforehand. Ideally an application should be made before arrival.

  6. Maybe if they who enforce decisions like this could be charged for assisted assault or murder if anything happened to the deported asylum seekers the outcome would be slightly different.

  7. That There Other David 15 Oct 2012, 2:46pm

    WTF? Does one have to do the act in front of witnesses in order to be considered gay now?

    The UKBA is an excellent example of “give a man a uniform and he’ll turn into Napoleon”. They’ve just likely sent someone to their death in order to tick a box.

  8. “At no point has he been able to provide sufficient evidence of his sexuality”

    I do wonder what evidence they’d consider “sufficient”. Do they have guidelines about evidence regarding sexuality? What evidence do they expect people to provide??

    1. Spanner1960 15 Oct 2012, 3:32pm

      How about witness statements? Proof of persecution? Demonstration that they are at risk? You can’t just wander up and say “I’m gay, I need citizenship” otherwise every Tom, Dick and Harry is going to be turning up with the same line.

      The man may well be genuine, but we need to get the message across that these people have to have a convincing argument to allow them in.

      We are turning into an international doss-house.

      1. Fair enough, Spanner – and of course only genuine applicants should be allowed else it’ll be a free-for-all. But even things like proof of persecution could be falsified (eg by claiming an injury was inflicted during an ‘official’ anti-gay attack when it wasn’t). Same with witness statements.

        You misunderstand my focus. I do NOT want fraudsters to be given asylum, but I’m not sure about how the Border Agency decide who’s genuine and who’s not, especially when they may be having to judge if someone’s actually gay.

        Sometimes it seems genuine people are not granted asylum or made to jump through a million hoops whereas others get in (and that’s not me relying on what I read in the papers, I’m talking about claimants I know of).

        And half the problem is not deporting people who shouldn’t be here (eg criminals, people entering with false documents, etc). If they sorted that out then they’d be more room for genuine claimants.

      2. I quoted the bit that showed that the UK BA weren’t satisfied with the proof of his *sexuality* so it seems he failed at the first hurdle in that they didn’t believe he was gay. How do they judge something like that?

        1. Sister Mary Clarence 15 Oct 2012, 4:25pm

          Indeed particularly when they have spent a lifetime trying to conceal that element of their life.

      3. Sister Mary Clarence 15 Oct 2012, 4:32pm

        Spanner, it isn’t necessary to prove proof of persecution from certain countries. The government has all the necessary information on local laws and treatment of gay people.

        While Nigeria unlike its neighbour Sudan does not have the death penalty for homosexuality, the areas under Sharia Law do, and in areas not covered by Sharia the sentence is up to 14 years.

        Nigeria is a clear cut case – the government and the Immigration Service already have all the proof they need.

        The issue here was he didn’t sleep around enough it seems.

        1. Spanner1960 16 Oct 2012, 12:55am

          I understand how hard it is.
          I have friends in Uganda, which is even worse.
          The problem is, how do we separate the wheat from the chaff? The people genuinely in fear for their lives from the economic migrants willing to spin any old story in order to get a passport?

          It is a question that I don’t have the answer to, but it is an important one to raise.

          1. Friends in Africa? Please don’t make me laugh!

          2. Spanner1960 17 Oct 2012, 10:26am

            @Bob: My husband is South African

      4. he lost his case because he failed to provide sufficient evidence of his sexuality, not because he failed to provide proof of persecution

        1. Spanner1960 16 Oct 2012, 11:13am

          How do you know?
          We don’t let people in on the basis of their sexuality.
          We let them in on the possibility that returning him home would be a danger.

      5. That There Other David 15 Oct 2012, 10:52pm

        We’ve ALWAYS BEEN an “international doss-house” Spanner. That’s part of what makes this country the great place it is.

        Check out your own family tree and you’ll find foreign blood in there. We’ve all got it.

        1. Spanner1960 16 Oct 2012, 4:34pm

          Bollocks. I have traced both sides of my family over seven generations, and they are not even British – they are 100% English.

          I have no problem letting in a few immigrants to fortify the gene pool, but in many built up areas, you see another white person, you shout “snap!” (and the chances are even they are Eastern European)

          This country is seen as a complete soft touch, and it’s about time we slammed the damn door.

      6. Apparantly (according to the article), Mr. Ayelokun had supporting testimony from “previous sexual partners” (plural). That is enough in itself to sign his own death warrant in parts of Nigeria. Surely that would also be cause to give him asylum.
        I forecast that everyone would soon forget Mo Farah was an asylum seeker, and resume their hate campaigns. It has taken less time than I imagined.

  9. Spanner1960 15 Oct 2012, 3:27pm

    Sorry, but this is difficult.
    People ask how or why he should prove he is gay, but the problem is, if the man cannot admirably demonstrate that his life is at risk, then he should not be here.

    I am sick and tired of this country being the first port of call for every waif, stray, con-artist and economic migrant claiming asylum. Most of the time, the majority of immigrants arrive having been through countless countries to get here, so why are we always the ones lumbered with these problems?

    If we do not demonstrate that we have strict rules, then everyone and their uncle is going to be banging on our door claiming they are gay.

    1. sorry to dissapoint but the uk is not ‘the first port of call for every waif, stray, con-artist and economic migrant claiming asylum’ that award goes to France, followed by Germany, then Sweden, then Belgium followed by the UK in 5th place so please get your facts straight first (in case your wondering where those stats come from)

      1. With all the right wingers spreading the lies and hate in the press and elsewhere, it’s not surprising these myths take hold so firmly.

        1. Thanks for the link, I’ve bookmarked it for later!

      2. Spanner1960 17 Oct 2012, 10:09am

        In 2010, 47.3 million people lived in the EU, who were born outside their resident country. This corresponds to 9.4% of the total EU population. Of these, 31.4 million (6.3%) were born outside the EU and 16.0 million (3.2%) were born in another EU member state. The largest absolute numbers of people born outside the EU were in Germany (6.4 million), France (5.1 million), the United Kingdom (4.7 million)

        However, UK has by the highest population density per Km/2 (255.6) compared to either Germany (233) or France (111)

    2. Sister Mary Clarence 15 Oct 2012, 4:26pm

      Okay Spanner … simple question. How would you prove you were gay if you had to?

      1. Spanner1960 16 Oct 2012, 1:00am

        I don’t have an answer to that.
        But to turn the question on it’s head, how do you prove these people are not conning you and trying every trick in the book to get into this country?

        We need some way of proving one way or the other, or we are going to send back people that could end up being possibly murdered, or equally, become flooded with fraudsters.

        So far, I cannot think of a litmus test.

        1. It’s a real problem, I must admit. The testimonies of ex-partners, if given on oath, must stand for something, though, or our whole legal structure will be weakened!

  10. What is it going to take to get the UK Border agency and immigration judges to accept the LGBT status of refugees?

    It really makes you wonder whether it is homophobia that causes these officials to conclude that witness testimony isn’t proof. I pray that Ola is okay and won’t be harrassed or persecuted. I wouldn’t hold my breath though.

    Just awful.

  11. Peter Robertson 15 Oct 2012, 4:28pm

    If anything unpleasant happens to this man, will anyone be bringing charges against the Home Secretary or the UK Border Agency?

    1. Spanner1960 16 Oct 2012, 4:37pm

      Why should they? They are not responsible.
      Why should this country get the rap because some bunch of heathens decide to hack each other to bits?

      People have to seriously wake up and get off this fcking blame culture bullsh|t.

      1. I’m starting to wonder about you are so passionate in your responses with post like this.

        1. Spanner1960 17 Oct 2012, 10:14am

          Wonder about what precisely?
          If you want to know if am I passionate about my country and extremely concerned as I see it spin uncontrollably into terminal decline, then yes.

  12. The law here is now clear, following the decision of the Supreme Court, which reversed the Court of Appeal decision based on the law as it then stood (if the gay man is discreet, he can safely live in Iran!). So if he had demonstrated that he is a gay man, he had a right to stay. It seems he failed to do so. The tribunal had the privilege of having seen and weighed up the evidence – we here have not – so none of us is in a position to second guess their finding. Sneering about how he could prove his sexuality is and having to be more promiscuous etc is inane. Who (apart from the man in question) knows the truth? Not me and not any of those who have made assumptions here. He failed as a matter of evidence to convince the tribunal, and that is that. Perhaps he was not telling the truth……..

  13. Its bluddy disgusting.

    Not convinced he was gay …. What they need, a pornographic video ?

    They should be held accountable.

  14. err let me guess he was deported because he wasnt resident slut at the local public conveniences or in committed relationship with (much) older english gentelman

  15. GingerlyColors 16 Oct 2012, 7:10am

    David Cameron said that he will grant asylum to any gay person from African countries where homosexuality is illegal. Another U-turn.

    1. de Villiers 16 Oct 2012, 2:56pm

      Have you found the judgment?

    2. Spanner1960 16 Oct 2012, 4:39pm

      Except we don’t know if this person is gay.

  16. ‘now living with his family..’ doesnt sound like rejection to me

  17. And yet all these Muslims are allowed to stay in . . .

  18. Why didn’t he put his aslyum claim in earlier rather then just overstay his visa – that never looks good.

  19. Are there no safer havens nearer than the UK?

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