A Pakistani migrant convicted of sexually assaulting a woman has been allowed to remain in Britain after claiming he is gay.
The 53-year-old sex offender had been living in the UK illegally for 11 years before being granted refugee status.
He argued he would face persecution in Pakistan due to his sexuality, in breach of his human rights - a claim which the Home Office threw out over a "lack of evidence".
The unnamed migrant came to Britain in 2006 as a student but overstayed his visa which expired in December that year.
The Home Office threw out the migrant's sexuality claim over a 'lack of evidence'
PAHe applied for leave to remain on human rights grounds in 2012, but the Home Office rejected his application.
In May 2017, he was arrested and later convicted for sexually assaulting a woman.
Just one month after his conviction, he claimed asylum, alleging he would face "fear of persecution" in Pakistan if deported.
Despite pleading guilty to the sexual assault, the migrant claimed in his asylum application that he was both innocent and gay.
Then-home secretary Suella Braverman refused him leave to remain, stating there was "no evidence of a substantial relationship being in place".
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He appealed the decision, claiming to be in a relationship with a "Mr K" since 2019.
During the appeal hearing, the Home Office lawyer failed to cross-examine him about his homosexuality, even after the judge adjourned the case specifically for this purpose.
First-tier tribunal Judge Anthony Cartin said: "I made clear that if there was no challenge on these matters, I would make a note to this effect and was likely to allow the appeal."
Due to the lack of challenge, the judge allowed the migrant to stay in the UK.
The Home Office has since appealed against Judge Cartin's decision.
Suella Braverman refused the migrant the right to remain in Britain
PAAn upper tribunal found he erred in law, with Judge Declan O'Callaghan ruling the hearing had been "procedurally unfair" as the Home Office was unable to question the migrant's two witnesses.
These witnesses, the Home Office believed, would not provide convincing arguments that he was gay.
The judge ruled the migrant's sexuality was not properly considered "in the round".
"The only proper course is to set aside the decision in its entirety," said the judge.
A new hearing will take place at a later date.
