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An illegal migrant convicted of identity fraud has been allowed to stay in Britain — after a judge ruled that sending her back to China would be ‘unjustifiably harsh’ because of her age.
Suzhi Zhao, 61, who has been living in the UK unlawfully for 25 years, won her asylum appeal after an immigration tribunal found she was ‘vulnerable’ and would ‘struggle to obtain work given her age’.
The decision means Zhao, who once forged a passport to assume a false identity, can remain in Britain despite having never had legal permission to live or work here.
The ruling came from Upper Tribunal Judge Therese Kamara, who concluded that removing Zhao from the UK would breach her human rights under Article 8 of the European Convention.
Judge Kamara said Zhao’s removal would cause ‘unjustifiably harsh consequences,’ adding: ‘The Home Office did not seek to challenge the evidence provided in [Zhao’s] bundle as to the age discrimination in China in relation to employment.
‘One such document referred to Chinese labour law which indicates that women cadres of over 55 and female blue-collar worker over 50 are not ‘qualified to sign labour contracts.’
‘Additional evidence explains the Chinese Social Security System as well as the joint obligations of both employee and employer to make contributions.
‘As [Zhao] has been in the United Kingdom for 25 years, it follows that she has no recent work experience in China and has made no recent social security contributions.
‘We accept that she would struggle to obtain work given her age and absence from China, as well as to support herself or obtain state support.’
Suzhi Zhao, 61, who has been living in the UK unlawfully for 25 years, won her asylum appeal after an immigration tribunal found she was ‘vulnerable’ and would ‘struggle to obtain work given her age’
The court heard Zhao came to Britain in 2000 after fleeing what she described as an abusive relationship with a loan shark in China.
She later suffered from poor mental health and underwent cognitive behavioural therapy while living in the UK.
In 2016, she was caught with a fake passport and jailed for five months for possession of a false identity document without reasonable excuse.
After serving her sentence, she lodged an asylum claim, saying she feared being targeted again by the same loan shark if she was sent back to China.
Her claim was rejected by the Home Office in 2019 but she launched a legal challenge that has dragged on for nearly a decade.
Judge Kamara said Zhao was ‘vulnerable on account of her age’ and had ‘lacking family support’ except for her disabled brother.
A Senior Home Office Presenting Officer argued that Zhao had lived and worked illegally in the UK and could not speak fluent English.
However, the judge pointed to significant delays by the Home Office in handling Zhao’s case as a key reason for the decision.
She said: ‘What does tip the balance in [Zhao’s] favour when considered alongside all the circumstances, is the delay in consideration of her protection claim.
‘[Zhao] claimed asylum in June 2016 after being convicted of the document offence. That claim was not decided until July 2019, a period of three years later.
‘[Zhao] launched a judicial review claim, which was settled in April 2020 with the [Home Office] agreeing to reconsider the asylum claim. It was not until June 2023 that the [Home Office] concluded that reconsideration, a delay of a further three years.
‘We find that the delay may well have contributed to the impression that [Zhao] was less likely to be removed. We further find that the weight to be accorded to the public interest is reduced in this case.’
Summing up, Judge Kamara concluded: ‘We find that the balance falls, just, in favour of [Zhao].
‘Her removal from the United Kingdom as a victim of serious violence, as an older person, and having been away from China for twenty-five years, is likely to result in unjustifiably harsh consequences and therefore amounts to a disproportionate interference with her Article 8 ECHR rights.’
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Identity fraud illegal migrant escapes deportation back to China – because she is too old