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A Sri Lankan mother has won an appeal to have her asylum claim reheard in the UK after arguing she is too depressed to fly.
The woman, who entered the UK in 2021, claimed she faced persecution in Sri Lanka due to her family’s support of the Tamil Tigers group.
The tribunal heard that she fears arrest upon arrival if deported. The woman also argued that her depression and fear of persecution would create “very significant obstacles” to reintegrating in Sri Lanka.
A first-tier tribunal initially rejected her claim, questioning her credibility and suggesting she could be accompanied by one of her four daughters. The judge said the asylum claim “lacked credibility” and stated
I do not accept that the mental health condition of the [asylum seeker], such as it is, does not enable her to fly. She can be accompanied by one of her four daughters, as arranged between the extended members of her family in the UK, whose commonly generated income could contribute to supporting her in Sri Lanka.
The Sri Lankan woman appealed, relying on a psychiatric report by Dr Saleh Dhumad—which diagnosed her with recurrent depressive disorder—and noted severe depression, anxiety, and suicide risks.
Deputy upper tribunal Judge Haria found that the first-tier judge had made a legal mistake, and failed to properly assess the expert report. “The decision of the FTJ involved the making of errors of law and is set aside in its entirety,” Haria said, ordering the case to be reheard.
The case occurs against the backdrop of numerous asylum decisions favouring migrants, including a convicted criminal who successfully cited his son’s dislike of non-British chicken nuggets as grounds to stay in the UK.
