Britain Defers Deportation Of 'Gay Man' To Uganda After Petition

First Posted: 18/08/11 19:06 BST Updated: 18/10/11 11:12 BST

Robert

A Ugandan man in Britain who says he is gay and a victim of torture has had his deportation from the UK deferred at the last minute after fears that he could face persecution on his arrival back.

A human rights organisation had petitioned Kenya Airways to stop the deportation which was due to take place at 20:00 on Thursday at Heathrow airport, after the Home Office said he had no right to remain in the country.

"Robert's removal was deferred by the Home Office in a message to his lawyer less than a hour before he was due to be flown to Kampala. An earlier request to a judge for an injunction to stop the removal was refused," his campaigners said on Thursday.

"This is a battle victory - but we have not won the war. The Home Office can still refuse to accept the fresh evidence and his asylum claim and issue new removal instructions. However his supporters will fight this and will argue that Robert's mental state and his post-traumatic stress means he should be released from detention, as well as that his claim must be given a proper hearing."

Campaigners and lawyers had argued that Segwanyi would face harsh measures, including 'mob justice' if he is sent back to his homeland.

Kerry Ann Akers of the Centre for Capital Punishment Studies told the Huffington Post UK that Uganda's lesbian and gay community 'are under constant threat, not just from the implementation of official legislation, but from the unofficial extrajudicial 'mob justice' and community led initiatives which take the form of witch hunts'.

Segwanyi arrived in Britain in June 2010, claiming he had been the victim of imprisonment and torture as a result of his sexual persuasion in his native Uganda. He applied for asylum a fortnight later. However, The UK Border Agency judge did not accept Segwanyi's plea.

Judge Hembrough was not convinced of Segwanyi's sexuality, nor that Uganda is an unsafe country for a homosexual to reside in.

In November 2010, the judge said, "Even if I am wrong regarding the appellant's homosexuality, I see no reason to depart from the current country guidance".

However, Segwanyi's supporters argue that there is both evidence that Segwanyi is gay and that Uganda is not a safe place for gay people.

The judge said he doubted Segwanyi's credibility in the interviews with the Border Agency as he gave inconsistent answers. However, Professor Cornelius Katona, Honorary Professor in the Department of Mental Health Sciences at University College London, psychologically examined Segwanyi and gave evidence that Segwanyi's "very limited" spoken English would have caused confusion in those interviews. The judge dismissed this evidence.

Katona, after his psychological assessment, considered Mr Segwanyi both to be gay and suffering from Post Traumatic Stress Disorder. However, the judge mistakenly claimed that Katona had concluded Segwanyi was not gay. Katona later pointed out that this was "with respect, incorrect".

Segwanyi is still being deported despite the fact that, since the ruling in November, the Home Office has changed its line on the safety of homosexuals in Uganda - in keeping with an Amnesty International report published in January 2011.

Amnesty explained that there was an 'anti-homosexuality' Bill being debated in the Ugandan Parliament. One of the clauses was the death penalty for “aggravated homosexuality”, the definition of which included being a ‘serial offender’ in having gay sex. Though the Bill did not go through in the end, there remains a huge threat to the gay community, and the Home Office accordingly revised its stance in April.

Kerry Ann Akers believes that 'whether the judge is correct or not about Mr Segwanyi's sexual orientation, the publicity the case has received will now have severely prejudiced Mr Segwanyi's safety upon his return to Uganda'.

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A Ugandan man in Britain who says he is gay and a victim of torture has had his deportation from the UK deferred at the last minute after fears that he could face persecution on his arrival back. ...
A Ugandan man in Britain who says he is gay and a victim of torture has had his deportation from the UK deferred at the last minute after fears that he could face persecution on his arrival back. ...
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HUFFPOST SUPER USER
Bill J4321
10:49 PM on 08/19/2011
This makes oh-so-moral heterosexuals look like barbarians.

How can they possibly spin this as morality?
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HUFFPOST SUPER USER
Steamboater
Forget hope. Agitate.
05:36 PM on 08/19/2011
You see, if he had come to the U.S. and lied about having been raped and even admitted he lied, he could have stayed here without any problem.
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HUFFPOST SUPER USER
Steamboater
Forget hope. Agitate.
05:31 PM on 08/19/2011
Imagine being in this man's position, far from home and probably yearning to live there yet fearful that if he goes back he won't get to live at all. At he same time the legal system in the UK and politicians there using him as a pawn for whatever agendas they have. That is someone's worst nightmare come true. His family? Have they abandoned him too like justice has? Like conscience has? To be so alone, even with support from Gay rights groups, must be the most intensely frightening situation of all. No one should have to go through this.
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HUFFPOST SUPER USER
Steamboater
Forget hope. Agitate.
05:14 PM on 08/19/2011
"Judge Hembrough was not convinced of Segwanyi's sexuality, nor that Uganda is an unsafe country for a homosexual to reside in."

What does Hembrough expect Segwanyi to do, suck him off to prove it? That Uganda isn't safe for Gay People has been pretty evident with it's head of state even supporting a law of genocide, and that attempt to enact the death penalty for Gays is an attempt at genocide. That's enough proof.
01:52 AM on 08/19/2011
Apparently Uganda and Britian aren't aware that gay science experts affirms that gays are born gay.
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HUFFPOST SUPER USER
Erin84
01:49 AM on 08/19/2011
I was sure I would see some vile and hateful things on this forum when I clicked on it. I was right. It's a shame. America's collective humanity, compassion, and intelligence is going down the drain.
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HUFFPOST SUPER USER
Steamboater
Forget hope. Agitate.
05:14 PM on 08/19/2011
Explain.
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HUFFPOST SUPER USER
O K Ali
Wash your hands, seriously.
09:57 PM on 08/18/2011
You can thank these two idiots.
http://www.youtube.com/watch?v=GfDqT55WQpI
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HUFFPOST SUPER USER
BonzaSheila
What's disgusting? UNION BUSTING!!
09:53 PM on 08/18/2011
Wow. Maybe some country with a reputation for decency will accept him. Denmark? Canada?
MrStat1
I believe in the rule of law
11:00 PM on 08/18/2011
How will they do that? Deportation to your home country means he goes back to Uganda.
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HUFFPOST SUPER USER
Steamboater
Forget hope. Agitate.
05:15 PM on 08/19/2011
A country can request that he be sent there and notify him that they're willing to give him assylum.
08:58 PM on 08/18/2011
Time for Liberals to add England to their boycott list along with Arizona, Rome, Israel, Orange County California, Hawaii, etc.
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09:46 PM on 08/18/2011
I was already boycotting England (and Scotland) for releasing the Lockerbie bomber.
Fun fact: they said he had less than 3 months to live and he's still alive and out of the hospital 2 years later!
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HUFFPOST SUPER USER
Steamboater
Forget hope. Agitate.
05:16 PM on 08/19/2011
Israel? That Gay man would be safer in Israel then in Uganda or in the UK for that matter.
08:54 PM on 08/18/2011
We won! Removal deferred. See update here http://madikazemi.blogspot.com/2011/08/action-alert-help-save-gay-ugandan.html
This user has chosen to opt out of the Badges program
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10:37 PM on 08/18/2011
Will you be paying his living expenses while he's here?
This comment has been removed.
08:49 PM on 08/18/2011
WOW he is not gay is there a blood test?
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HUFFPOST SUPER USER
r henry
I live between concrete walls
09:42 PM on 08/19/2011
I fear the day we start allowing judges to decide on our sexuality.
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HUFFPOST SUPER USER
wrightthewrong
Medicare for All
08:48 PM on 08/18/2011
I guess Cameron is not a compassionate conservative, as this is surely a death sentence.
08:48 PM on 08/18/2011
If the riots and looting hadn't happened, his chances of staying would have been good. But somehow, I think after the rioting and looting, all non-white, non-European Union immigrants are persona non-grata in the UK. And David Cameron said he's not going to entertain an "phony arguments about human rights."
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09:47 PM on 08/18/2011
That's interesting considering the compassion he showed the Lockerbie bomber.
09:57 PM on 08/18/2011
The Lockerbie bomber was released *before* the riots. The riots changed everything.
MrStat1
I believe in the rule of law
11:03 PM on 08/18/2011
Get your facts right. Gordon Brown was PM when he was released.
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HUFFPOST SUPER USER
Steamboater
Forget hope. Agitate.
05:18 PM on 08/19/2011
Cameron comes form the right wing end of the poltical spectrum and you won't find much empathy for this man from there.
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disporting
Weapons not food, not homes, not shoes
08:40 PM on 08/18/2011
So, they're condemning him to death. I thought you Brits were classier than Americans. For shame.
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HUFFPOST SUPER USER
Ulalume s Ague
Fighting for the Poe People
08:49 PM on 08/18/2011
ever since tony blair siddled up to bushie, all UK credibility resides with the Us government's.