Sri Lankan mother wins UK appeal to have asylum claim reheard

The unnamed woman entered the UK in 2021 after leaving the south Asian country over fears she would be persecuted for her family's support of the Tamil Tigers, a militant group.

In her asylum claim, the mother of five said she suffers from severe depression and is 'not fit to fly' until she recovers from the disorder.

A judge initially rejected her claim saying they did not 'accept' that her mental health condition made her unable to go on a plane and return to Sri Lanka.

They suggested the woman could be accompanied by one of her four daughters and said her overall claim 'lacked credibility'.

The woman appealed the decision, and a different judge has now ruled her case must be reheard.

The asylum seeker - who has been granted anonymity - entered the UK on a visit visa in October 2021.

It was heard the woman is married with five children and since 2004, her husband and son have supported the militant organisation fighting for Tamil independence.

The asylum seeker claimed this support has subjected her and her family to 'adverse attention' from the Sri Lankan authorities.

She fears she will be arrested on arrival if deported, the tribunal heard.

The woman - who has experienced mental health issues since 2004 - also claims there would be 'very significant obstacles' to her integration in Sri Lanka, as she suffers from depression due to her fear of persecution.

The tribunal heard four of her daughters are residents in the UK, her son lives in France, and her husband lives in Sri Lanka in an 'obscure forest area' to avoid the attention of the authorities.

In her claim, the asylum seeker relied on a psychiatric report produced by consultant psychiatrist Dr Saleh Dhumad.

The judgement stated: '[Dr Dhumad] was of the opinion that the [woman's] presentation was consistent with a diagnosis of recurrent depressive disorder and given her unstable mental health with suicide risks, anxiety and severe depression, [she] was not fit to fly and would remain unfit for a few years until she recovers from her severe depression.'