Help- New FLR application or Asylum sexuality based Claim?

[Alicia Cole]

I have been in the country for over 15 yrs, came in as a student. I applied for ILR when the time came but was refused due to 30 days gap. Unfortunately I used an incompetent solicitor who made a complete mess of my case and gave me bad advice, lost my appeal. Used another solicitor who gave me yet another bad advice and made matters worse for me and I unknowingly became an overstayer for over two years.

After I realised what my situation was I applied for discretionary leave citing article 8 but was refused as I am unmarried with no kids with no right of appeal in country.

For the first time in years I am coming to realise that I may have to go back to Nigeria and I am worried of how I will adjust to life there as I identify as bisexual. I came to the uk when I was 17 and now 33.

My new solicitor is advising me to claim asylum as same sex relationship is illegal in Nigeria, however as this new evidence has never been brought before the sshd I think sending a new FLR application with the evidence citing 276ADE 1 (vi) significant obstacles to my re-integration is what I feel comfortable with, also I have no family ties back in Nigeria.

My sis is the only family I have left and she is permanently settled here. I am estranged with my mum who is on Nigeria due to her accidentally finding out about my sexuality.

I was originally going to request a JR for the FLR refusal but when we submitted the new evidence with the PAP the ukba discarded it and asked us to send a new application if we want it to be considered.

I have read so much about asylum cases based on sexuality and the majority of them get refused and I don't think I can face the gruelling interview in Croydon as I find the entire ukba administration extremely intimidating.

I need advice as to whether I should go for the asylum now or send a new application under right to private and family life to see what comes of it.

Also I have to report at Beckett House fortnightly.

Thank you.