Monday, October 28, 2024 - An alleged gay man who fled Bangladesh to escape persecution had his asylum application refused after a judge told him he was ‘trying to pass’ himself off as gay.
Monsur Ahmed Chowdhury, 38, came to the UK as a student in
2009 from Sylhet, a city in northeastern Bangladesh, on a student visa after
never feeling safe enough to be his authentic self in his native country.
Following years of applications, submitted evidence and
rejections, Monsur had his application rejected by a judge following a
First-Tier Tribunal, a court that handles immigration disputes, in March 2018 because
the judge didn’t believe he was gay.
In a letter the judge ruled: ‘I conclude that the Appellant
is not truly gay, but he is trying to pass himself off as gay.’
Describing being gay as a ‘lifestyle’, the judge told Monsur
there is a ‘distinct lack of documentary material that might be suggestive that
the Appellant was truly a gay man before he sought asylum’.
The judge also questioned why Monsur did not bring someone
into the chamber who could ‘corroborate, in an important particular, how the
Appellant has behaved as someone who is gay’. Evidence that Monsur’s two
witnesses did bring did ‘not direct itself, as I see it, to the central
question as to really whether the Appellant is gay’.
His attendance at LGBTQ+ Pride events and nightclubs didn’t
cut it, while the judge said a photograph of Monsur looking at same-sex
pornography was ‘staged’.
‘There is, quite clearly, a great desire on the part of the
Appellant to try to present this picture that he is a gay man but, in my
judgment, there is far too much manufacturing and posturing and that, in my
judgment, undermines the fundamental credibility of the Appellant,’ the judge
added.
Following the ruling, Monsur reapplied for asylum with the
Home Office. However, the Home Office rejected his asylum claim in June, basing
the decision on the 2018 ruling.
If his appeal is not successful, could see him being forced
to return to Bangladesh.
‘Life in Bangladesh was very stressful and scary for me,
especially because of my sexuality,’ Monsur told Metro.
‘I couldn’t live openly as a gay man there – if anyone found
out, my life would be in danger. While in Bangladesh, no one knew about my
sexuality. It wasn’t until I left and became active on social media that people
became aware.’
‘LGBTQ+ rights in Bangladesh are virtually non-existent.
Being gay is not only socially unacceptable but also illegal,’ says Monsur, who
is currently living in London.
‘If I were sent back to Bangladesh now, my life would be at
serious risk. Since my sexuality is now publicly known due to my social media
presence and activities, I could face violence or even be killed if I
returned.’
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