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Tribunal Upholds Trans Refugee’s Right to Remain Despite Criminal Convictions

A senior judge found the Home Office failed to weigh his risk of harassment, discrimination, violence in Algeria because of his gender identity.

Participants in Pride Amsterdam campaigned for asylum seekers on Saturday
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Overview

  • In July 2025 the Upper Tribunal overturned a 2023 deportation order and reinstated MS’s refugee status after finding he would face mockery, harassment, discrimination and violence if returned to Algeria.
  • Judge Christopher Hanson ruled that a first-tier tribunal erred by ignoring the protected characteristic on which MS’s asylum was based.
  • MS, who gained refugee status in 2013, has multiple UK convictions for offences including burglary, theft, battery and robbery.
  • A country expert told the tribunal that Algerian law criminalises homosexual acts and that openly transgender individuals face social hostility, physical harm and familial threats.
  • Home Secretary Yvette Cooper is preparing legislation to limit human rights appeals by foreign criminals and sex offenders in order to bolster deportation powers.