A migrant accused of faking his sexual orientation to stay in Britain has been granted an appeal to his asylum rejection. The decision came after a judge suggested the applicant was in a “marriage of convenience” with a woman, even though he is not married. Additionally, the judge was criticised for “misgendering” a witness.
The judge is being replaced for the appeal after using the word “he” when referring to a witness who identifies as a transgender woman.
This story, reported in The Daily Mail, has unsurprisingly received a fiery response online, with some social media users jibing that “this has to be satire.”
Upper Tribunal judge Paul Skinner described the “use of non-female pronouns” for the witness as something “to be regretted.”
A person’s gender identity can be of profound importance to an individual and for a trans person being referred to by their birth sex may cause real distress.
Moreover, referring to a trans witness by their birth sex is unlikely to foster an environment where they feel comfortable in giving evidence or feel like they have [been] treated with respect.
The judge in the initial case did “in certain places” refer to the witness as “she,” which could suggest that the use of the word “he” was a mistake—repeated or otherwise.
The asylum seeker has been granted anonymity. He is a Pakistani resident who came to the UK as a student, and whose application for permission to remain here was rejected. The Home Office rejected his first claim, submitted on grounds of sexuality, “on the basis that it was not accepted that he was in fact gay.”
