QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
|R (on the application of SOPHIA MARIE PEART)||Claimant|
|SECRETARY OF STATE FOR THE HOME DEPARTMENT||Defendant|
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"(3) The applicant arrived in the United Kingdom in November 1998 and pursued a number of applications seeking further leave to remain (said to be 8 in number) .....; work permit (2001); student application (2001 and 2002); as a dependent relative (2008); human rights (2013) before claiming asylum on 12 December 2016, a week after the applicant was detained after being encountered by the police at which time the applicant was an absconder with no leave to remain. At no earlier stage had the applicant raised her sexuality as a reason that prevented her return. There were, apparently, few other routes available to the applicant to avoid removal.
(4) The applicant was served on 26 February 2016 with a notice which required the applicant to tell the Secretary of State of any other grounds on which she might be entitled to remain but made no reference to her sexuality. She did not respond until after she was detained.
(5) The applicant had sought and obtained legal advice from a number of sources.
(6) There was scant evidence of bi-sexuality.
(7) Her claim to have been reticent about telling family members has little or no traction when seeking to justify her failure to inform the Secretary of State who had a duty of confidentiality.
(8) These factors, amongst others raised in the refusal letter, make it abundantly clear that the respondent's decision to certify the claim under Section 96 (2) was neither perverse nor irrational but, on the contrary, properly open to the Secretary of State."
"(1) The claimant arrived in the UK on 3 November 1998 with limited leave to remain, extended to 30 June 2001.
(2) A number of applications seeking leave to remain had been made over the years and refused. On 5 December 2012 an application on human rights grounds was refused and certified.
(3) On 12 December 2016 an application for asylum was made. On 23 January 2017 the asylum application was refused with no right of appeal.
(4) The claimant challenged the refusal of asylum and made an application for a stay of removal which was dismissed by the Upper Tribunal on 3 March 2017.
(5) The medical evidence now produced by Dr Gratton is not materially different to her earlier report and does not constitute fresh grounds."