An Albanian man who sought asylum in the UK on the grounds of being gay has had his appeal rejected after it was revealed he is now married to a woman.
Esmir Demaj initially claimed protection in Britain based on fears of persecution due to his alleged homosexuality.
However, the Home Office discovered that Demaj had later entered a heterosexual marriage and failed to inform immigration officials of this significant change.
While an immigration judge acknowledged that sexuality can exist on a spectrum and that entering a heterosexual relationship does not automatically invalidate a previous same-sex identity, the court concluded that Demaj deliberately withheld his new relationship status to avoid jeopardising his immigration case.
The Upper Tribunal of the Asylum and Immigration Chamber heard that Demaj had already returned to Albania after his initial asylum bid was denied in 2023.
He then applied to return to the UK to join his wife, but that request was also refused.
The tribunal noted that Demaj’s relationship with his wife appeared to overlap with his previous claim of being gay, and he had made no effort to inform UK authorities of his new circumstances.
Judge Clive Lane ultimately dismissed his appeal, citing a “deliberate attempt to mislead the Home Office” and a pattern of “absconding” from immigration control.
Under the European Convention on Human Rights, individuals facing persecution due to their sexual orientation can seek asylum in the UK.
However, the court found that Demaj had manipulated the system, rendering his claim invalid.
