Overview

• Esmir Demaj, an Albanian national, initially sought UK asylum in 2023, claiming persecution for being gay under ECHR protections.
• His first claim was rejected, and after returning to Albania, he applied again to join his UK-based wife, asserting his sexuality had changed.
• Tribunals found Demaj deliberately misled authorities by not disclosing his heterosexual marriage and history of absconding from immigration control.
• Judges acknowledged that sexuality is a spectrum but emphasized that Demaj failed to inform the government of his changed circumstances.
• The Home Secretary has cited the case to support proposed reforms for stricter judicial guidelines on human rights-based deportation cases.