Immigration

Scenario

Teresa (Tizzy) landed at Heathrow Airport in the UK 3 weeks ago from Florida as a visitor.

Tizzy claimed asylum at the airport as soon as she arrived. She was initially detained for a

few hours at the airport and then granted Temporary Admission by the Immigration Officerand released and given a date to attend her first interview. She comes to you to seek adviceon her asylum claim as her interview is scheduled in few weeks' time.

Tizzy tells you that she was born in Montego Bay in Jamaica, but her parents died when shewas 8 years of age in a bad traffic accident. She was raised by her mother's sister, her Aunty Gracie who was a devout Christian and regular churchgoer and lived in Kingston. Tizzy saysthat her childhood was normal and she did well at school and went to college to study journalism. When she graduated, she got a job in a local TV station in Kingston and workedon current affairs issues especially women's rights in Jamaica. After about 6 months working at the TV station, she met Randolph, who was a police officer and after a short period of dating they got married. Tizzy was 22 at the time. They moved into a small 1 bedroom apartment together.

Shortly after marriage Tizzy realised that Randolph was not in favour of women's rights and they often used to argue about her work and Randolph suggested she change her attitude to men or she could get into trouble. Tizzy also found out that Randolph was a heavy drinker and supplemented his income by taking bribes by helping out local drug suppliers. One day he came home late into the evening and had been drinking and when Tizzy complained that he should not come home in such a state, he slapped her across the face and kicked her on her legs whilst she was on the floor. Tizzy got up to try to fight back but he punched her in the face and knocked her out. When Tizzy came to her senses she went to the bathroom to clean her self up and noticed that Randolph was fast asleep on the bed. She decided to leave him alone and packing a few things in her bag she crept out of the house and slept at her Aunt Gracie's house in her old bedroom. She still had the keys to the house and let herself in as her Aunt was asleep.

In the morning she heard loud banging on the door and rushed to see what was going on.

She opened the door and saw Randolph standing there. Before she could say anything to him, he grabbed her by the neck and pulled her outside the door and pushed her to the

ground. He then kicked her in the stomach and told her in a loud voice that he was her boss and she was under his control and that he could do what he liked when he liked and that if she did not like it she could do nothing about it as he was a police officer and no one would help her. Tizzy became very scared and decided that she had no choice but to do as he saidas she knew that the other police officers would not help her. She tried to speak to her AuntGracie who said that she was too old to get involved in her personal life and that if she couldnot control her husband she should leave him. Tizzy knew that she had nowhere to go sostayed silent and accepted her fate.

In the following months Tizzy experienced many further incidents of domestic violence from Randolph whenever he had been drinking or he was in a bad mood. He also taunted her that he had many other girlfriends and if he did not come home any night it was because he was with someone else. It was also very common for Randolph to force himself onto Tizzy and if she resisted him, she would be beaten. The only escape Tizzy had was her work and to wait for an opportunity to leave Randolph. She feared that nowhere in Jamaica was safe for her as he was a police officer and would be able to use his work contacts to find her. Also, as he was connected to drug gangs she knew that he could have her killed or badly beaten at any

time he wished. Tizzy once spoke to a female police officer who she thought would help her

but she turned out to be one of his girlfriends and when she told him Tizzy got a bad beating from Randolph. Tizzy spent a few days in hospital recovering from her bruises. She told the doctors that she had been mugged in a street robbery and that her husband was a police officer and was investigating the crime for her.

A little while later Tizzy attended a women s rights conference organised by Amnesty

International in Kingston and met Sarah, who was a local activist. Tizzy and Sarah struck up

a friendship as they were both interested in similar women's rights issues. They met a few

times during the next few weeks and then Sarah invited Tizzy to her apartment one night to plan a meeting to bring together other activists and they started to talk about domestic violence. They were also drinking alcohol and as the alcohol took effect and they both became more relaxed, Tizzy decided to share her own experiences with Sarah and told her what had been happening to her in her private life. Tizzy broke down and cried and Sarah comforted her and before Tizzy could help herself, one thing led to another, and Tizzy and Sarah slept together. Tizzy was very surprised about her feelings for Sarah but after an initial period of embarrassment stopped feeling guilty. Sarah told Tizzy that this was true love and

that she should move in with her. Tizzy told her that she would have to think about it carefully first because Randolph would never let her do it and Tizzy knew that such a relationship was not acceptable in Jamaican society and both her and Sarah would be in trouble if it was found out.

The next day Tizzy spoke to her Aunt Gracie about her new relationship and to get her

advice. Her Aunt was shocked and told her that it was a sin and that she should repent

straightaway and if she was going to carry on this way then she was not welcome at her

house. Tizzy was shocked at being rejected by her Aunt but decided that she would move in with Sarah. Tizzy went home and packed her belongings and waited for an opportunity to leave. Randolph did not come home that night and so Tizzy left and went to Sarah's place.

During the night as Sarah and Tizzy were asleep, Tizzy began to cough and could smell

smoke and so she got up quickly and she could hear the sound of breaking glass

downstairs. She rushed to the bedroom window and saw a small crowd of men standing outside with beer bottles and rags sticking out of the top which were on fire. Tizzy then saw that Randolph was in the small crowd and he was directing the men where to throw the Molotov cocktails. Tizzy quickly awoke Sarah and they both quickly grabbed their bags and rushed downstairs. The living room was on fire and there was no way out. They went into the kitchen and made their way outside in to the back yard. There was no one there and they ran to the house across the street and woke the neighbour up who was a friend of Sarah.

They hid in the house. The neighbour kept a watch outside and told them that the house was on fire and that the fire service had arrived. Tizzy and Sarah were terrified. Sarah told Tizzy that they would have to get out of town quickly and they could go to her father's place which was about 50 miles away across the other side of the Island. They waited until everything had quietened down and borrowed the neighbours car, some clothes and money and left. A few days later Sarah spoke to her neighbour to arrange the return of the car and was told that the local community were all talking about how 2 lesbians had been run out of town and that the police were looking for them all over. Their home had been badly damaged. Sarah decided to stay away from the area and advised Tizzy to get away somewhere safe. Tizzy had kept her passport in her bag just in case she could escape from Randolph and Sarah arranged a passage on a boat leaving the Island for Florida. Sarah told Tizzy that she had good friends all over the place who were fellow activists and knew lawyers and influential people and that she would help Lizzy get out to the UK somehow. When Tizzy arrived in Florida she was met by a friend of Sarah's who took her passport and led her to a safe house nearby where she waited overnight. The friend returned the next day with her passport and a visitor's visa in it and took her to the airport the next day where she boarded a flight to Heathrow. Tizzy was given the contact details of another activist who lived in London and she went to see her after claiming asylum at the airport.

Q2

Using the documents provided to you and applying the 1951 Refugee

Convention and any relevant case law assess the merits of a claim for asylum for Tizzy