EK (Non Overt – Homosexual) Uganda v. Secretary of State for the Home Department, [2004] UKIAT 00021, United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority, 12 February 2004. Accessed September 16, 2020.

This is the adjourned hearing of the claimant’s appeal against the determination of Mr Adjudicator Britton, sitting on 22 August 2002. By that appeal the Adjudicator rejected the claimant’s assertions that the Secretary of State was wrong to refuse him asylum and to issue removal directions against him. From that judgment he appeals to the Tribunal on the basis that the Adjudicator has made a number of errors of fact in his determination which render that determination unsafe. The principal thrust of the appeal before us has, however, centred upon the Adjudicator’s finding that the claimant was not a homosexual and his findings therefore that there was no conceivable risk of persecution or Article 3 harm that the claimant would run were he to return to Uganda. The question that this Tribunal to deal with as it seems to us as follows. (a)  Was the Adjudicator right to come to the conclusions on the facts that he did as to the claimant’s sexuality and (b)  If he was wrong, does that mean that the claimant would, even on his own account be someone who was at real risk of persecution were he to be returned to Uganda.