The Indian couple challenged their separate accommodation as a violation of their Article 8 right to family life.
The couple were detained on Sept 11, 2025 pending removal to India, when they were housed separately. They were released on Oct 3, 2025 after launching the judicial review. LONDON: An Indian couple who had their asylum claim in Britain rejected by the home office have won a payout after suing the department in the high court here for being kept in separate accommodation prior to deportation.
She said she did not have the money to be like them. The home office refused her claim on Aug 7, 2025 and certified it as “clearly unfounded”, meaning they had no right of appeal. The amount is to be determined by a county court. The home office interviewer asked her: “BJP leader Shahnawaz Hussain has married a Hindu lady. Why can you not live peacefully like him?
Tinkler dismissed the challenge to the asylum refusal, noting the home office view was that whilst there was a risk in some states in India for some interfaith couples at some times, there was no blanket risk in all states and the couple had lived together in India before moving to the UK.