"I've changed my orientation" / "Gay" Albanian denied asylum in Britain after being found to be married to a woman

An Albanian asylum seeker, who claimed to be gay, has been refused the right to stay in Britain after marrying a woman.

Esmir Demaj sought asylum in the United Kingdom on the grounds that he was homosexual and would face persecution if returned to his country of birth, Albania, in violation of his rights under the European Convention on Human Rights (ECHR).

His application was rejected and he returned to Albania only to make a second asylum application to join his new wife in the UK, arguing that his sexuality had "changed".

However, an immigration court ruled that his relationship with the woman had occurred at the same time as he claimed to be gay. The court dismissed his claim as a "deliberate attempt" to deceive the Home Office.

Yvette Cooper, the British Home Secretary, announced plans last week to limit judges' powers to block deportations with new legally enforced "common sense" rules to clarify how judges interpret the ECHR and strengthen the public interest test.

Demaj returned to Albania in April 2023 after his first application was rejected. He then applied to return to the UK to join his wife, a request that was rejected by an immigration officer in September 2023.

“[Mr. Demaj] had unsuccessfully sought asylum in the UK on the basis of his alleged homosexuality. He is now married to a woman and claims that his sexuality has changed,” the court was told.

The Albanian appealed the Home Office's decision to a lower immigration court. The judge accepted that the fact that he was "currently in a committed heterosexual relationship" did not necessarily mean that his previous claim that he had been gay was "untrue".

The judge said that “experience shows that sexuality is a spectrum”, but the judge was told that Demaj’s relationship with his wife occurred at the same time as his alleged homosexuality. The court said he had “done nothing” to notify the Secretary of State of his changed circumstances.

Dismissing his appeal, the judge concluded that Demaj “deliberately chose not to disclose that he was now in a relationship with a woman and had reconciled with his father because he believed that this would not help him stay in the UK”.

The judge added: “I find it likely that this was a deliberate attempt to deceive [the Interior Ministry].”

Demaj appealed the decision to the High Court, but Judge Clive Lane noted that there was also evidence that Demaj "fleed" from immigration authorities.

Under the rights of Article Three of the ECHR, people who may be persecuted because of their sexual orientation can seek asylum in the United Kingdom.