Sharmistha Michaels, instructed by Sterling Law, successfully represents LGBT client in asylum claim
10 October 2018
Sharmisha Micheals was recently instructed by Sterling Law to represent their client at a first tier tribunal in an asylum claim. The Client was a national of Russia and claimed asylum in the UK on the basis of the sexual orientation. The client was a member of the LGBT+ community and feared returning to Russia due to persecution from the state and society. The Home Office initially refused the application. Oksana Demyanchuk and Michael Carter of Sterling Law lodged an appeal against the decision; they stated that the decision of the Home Office breached the UK’s obligations under the Refugee Convention and the European Convention on Human Rights.
The Judge stated: "Given the lack of toleration of same-sex relationships, as evidenced, it does in my view amount to a significant barrier to a person in a same-sex relationship, to continue life in an integrated fashion in a society where such relationships are simply not accepted”. Accordingly, the Tribunal allowed the appeal under the Human Rights Convention. For the full report from Sterling Law, see here.