A Nigerian asylum seeker has won his fight to remain in the UK after an immigration tribunal ruled that his support for LGBTQ+ rights would put him at risk of persecution if he were returned to his home country.
The man, known only as KA, successfully appealed against an earlier decision that rejected his asylum claim after a judge concluded there was insufficient evidence that he was bisexual.
KA had cited his involvement with Rainbow Dudes, an LGBTQ+ support group in Glasgow, as part of his claim for protection. However, a First-tier Tribunal judge previously ruled that his membership of the group and attendance at LGBTQ+ events did not prove his sexuality.
In a 2025 ruling, the judge said documents provided by Rainbow Dudes demonstrated KA's “interest in and support for the LGBT+ community” but did not establish that he was bisexual.
The judge also noted that KA was involved in a range of other community and voluntary groups and said no weight would be attached to his Rainbow Dudes membership as independent evidence of his sexuality.
Following that decision, KA was granted permission to appeal to the Upper Tribunal. The Upper Tribunal, sitting in Edinburgh, has now overturned the earlier ruling and allowed his appeal on asylum grounds.
Deputy Upper Tribunal Judge Stuart Neilson found that KA's sexuality did not need to be conclusively established for him to qualify for protection. Instead, the tribunal concluded that his visible support for LGBTQ+ rights and involvement in the community would place him at risk if he returned to Nigeria.
“The preserved finding of fact by the First-tier Tribunal is that [KA] is involved in pro-LGBT activism in the UK,” Judge Neilson said.
He added that there was no reason to doubt the sincerity of KA's beliefs and activism, noting that he appeared to be engaged in a number of human rights causes.
The tribunal found that KA's involvement with the LGBTQ+ community was ongoing and that Nigerian authorities could perceive him as an active supporter of LGBTQ+ rights.
“If [KA] was perceived by the Nigerian authorities to be an active supporter of the LGBT community then he would be at risk,” the judge said.
The tribunal also noted that homosexuality remains criminalised in Nigeria and that people perceived to be gay can face persecution.
During the hearing, KA said he had found the freedom to express his support for LGBTQ+ people after arriving in the UK and wished to continue doing so. He told the tribunal that, if returned to Nigeria, he would feel compelled to go into hiding because of fears for his safety.
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