Asylum and fear of religious persecution in India: SSHD v Lata

Background

In Secretary of State for the Home Department v Harsh Lata [2023] UKUT 163 (IAC), Ms Lata, an Indian national, entered the UK with her children as a visitor in December 2011 and sought asylum in 2015, asserting fear of her former husband. Her application was refused and her appeal was dismissed [1&2]. Her elder son was removed to India but subsequently secured entry clearance as a spouse, permitting him to return to the UK – where he currently resides [7]. Her younger son claimed asylum in September 2017, having turned 18, but was unsuccessful [8].

The interest of the case for students of law and religion is that Ms Lata submitted further representations in January 2020 against the refusal of her application, asserting that she could not return to India because of her conversion to Christianity. Continue reading