EXCLUSIVE
by Tristan Stewart-Robertson, @SRTristan
A TWICE-refused asylum seeker has made a fresh appeal
to stay in Glasgow because she wants to marry a Scottish man more than
20 years her senior.
The woman, who can only be identified as AA, had
originally applied for asylum in the UK from Somalia, claiming she had
fled the war-torn country in fear, having been raped and forced into
prostitution.
But after the Home Office rejected the bid, it emerged
AA was from Kenya and had previously lived in the United States. She
made a second application and was again refused but in that time had
entered into a relationship with 61-year-old XX from the city.
At an appeal hearing at Glasgow's First-Tier Tribunal
(Immigration and Asylum), the Home Office representative, Mr Keith Jones,
argued that AA's bid to stay should be rejected.
AA's position was that under Article 8 of the European
Convention on Human Rights, the family life she had made in the UK meant
she should not return to Kenya.
Mr Jones said the relationship with XX was "built
on sand" and that she had a stronger family life in Kenya with
her son, parents and a brother.
He told Judge Anne McGavin that XX's evidence was
not credible, particularly the fact that he did not even know if AA's
parents knew about their relationship.
During evidence, XX said he was very much in love
with AA but they had not yet got married because AA needed a valid birth
certificate and she had no papers whatsoever.
He said: "At the time I met her, she said she
was Somali and had to run away from everything in the war, that she
had a very hard life, that she was raped and was press ganged into prostitution,
but ran away from it.
"She said she was 36 and at first I had trouble
with that - I thought the age gap was kind of big.
"But if it works for Catherine Zeta-Jones,
then why not? I happened to fall in love with the girl and I love her
to bits."
He added: "It's alright sitting here being
comfortable making judgements on people that they shouldn't tell lies.
What would I have done? I don't know."
XX's son also gave evidence to the hearing and said
he knew AA was from Kenya, "probably from when we were first introduced".
Mr Jones, for the Secretary of State, said that
the son's evidence undermined that of his father.
He said: "There are two ways to look at it.
One is they are both in on it and both know she is Kenyan and happy
to proceed with the deception. Or he has been deceived and is happy
to proceed.
"She [AA] has an appalling immigration history
in the UK and the US. Expecting AA to return to Kenya is a proportionate
interference with Article 8 and I would ask you to dismiss the appeal."
Defence solicitor Mr Andy Knox said the case was
a finely balanced Article 8 debate, but that his client had established
family life in the UK. He said it would be unreasonable for AA to be
removed and then apply for re-entry.
Judge McGavin reserved her decision and said AA
would be notified in writing within about two weeks.
Copyright remains with the Author.
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