Migrant can stay in UK to escape his wicked stepmother
A judge has ruled that the man, now in his early 20s, would be likely to be punished by his wicked stepmother if he were to return after fleeing the country to escape her.
An immigration tribunal heard the unnamed man was 'physically abused' and forced to work long hours by his father's first wife after his biological parents both died in a car accident.
The asylum seeker managed to secretly save money to send his younger brother away and was eventually able to flee to the UK with the help of a family friend.
The tribunal heard that if he were to return to the West African country, he would be punished by his stepmother for 'disobeying' her and violating social norms.
The asylum seeker – who was granted anonymity – has won a human rights claim to remain in the UK.
The case, disclosed in court papers, is the latest example uncovered by The Telegraph where illegal migrants or convicted foreign criminals have been able to remain in the UK or halt their deportations on human rights grounds.
Yvette Cooper, the Home Secretary, has announced plans to curb judges' powers to block deportations with new legally-enforced 'common sense' rules to clarify how judges interpret the European Convention on Human Rights (ECHR) and strengthen the public interest test.
The Upper Tribunal of the Immigration and Asylum Chamber heard the young man's father was 'relatively wealthy', owned a large estate, and had two wives. In 2016, when he was just 14, both of his parents were killed in a car accident.
His younger sister was sent away to live with a grandparent while he and his younger brother were 'required' to remain in the family compound with his father's first wife.
The tribunal said: 'She, and those around her, physically abused the boys, forcing them to work long hours and punishing them if they refused to do so.'
It was heard that this type of situation is 'not unusual' in Guinea, and that children of other wives are often 'vulnerable' to 'exploitation and abuse' when they are without the protection of blood relatives.
The man – who made his asylum claim in 2019 – managed to 'secretly' save enough money to 'send his little brother away', it was heard. Then, some time later, a friend of his late father – who was then living in Germany – arranged for a passport and visa for the young man and paid for his travel to the UK.
Expert evidence provided to the tribunal said that if the man were to be returned to Guinea, he would be 'subject to stigmatisation by society due to him violating the social norms of his tribe'. This related to him 'disobeying and escaping' his father's first wife.
The tribunal heard there would be an 'expectation' that his stepmother should 'severely physically punish him to reinstate the social balance'.
The First-tier Tribunal accepted this account and he was allowed to remain in the UK, on both protection and human rights grounds.
The asylum seeker was found to be 'a vulnerable witness' who 'cannot be held responsible for the actions of the family friend who fraudulently obtained a passport and visa on his behalf'.
The Home Office attempted to appeal the decision by the First-tier Tribunal, arguing that they had failed to find that the man would be 'treated differently'. It said they failed to provide adequate reasons as to why the man's fear of his stepmother amounted to an 'innate characteristic that singles him out for different treatment by the rest of society'.
However, the appeal was dismissed in its entirety by the Upper Tribunal, which upheld the earlier decision.
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