Ghanaian asylum seeker wins right to remain in UK because he is too traumatised by getting Covid to return to his home country

Daily Mail​

30-04-2025

A Ghanian asylum seeker has won a human rights claim to remain in the UK after arguing he is too traumatised by getting Covid to return to his home country.
Winfred Kwabla Dogbey was diagnosed with PTSD after he was hospitalised with the virus in 2020, where he suffered an extreme version of the illness with multiple organ failure.
The 52-year-old told a tribunal that he had been experiencing 'post Covid-19 syndrome' and was part of a rehabilitation programme for those impacted by the outbreak.
The panel heard that this type of treatment in the West African country was 'practically non-existent' and that psychiatric care offered is 'insufficient'.
After hearing of how Mr Dogbey would likely experience a 'rapid and severe decline in his mental health' if he were to return to Ghana, he has won a claim to stay in the UK.
The Upper Tier Tribunal of the Immigration and Asylum Chamber heard Mr Dogbey came to the UK in April 2013 on a visa.
He claimed asylum in June 2016 and after this was refused, there was a 'protracted history of lodging further submissions'.
The panel heard that the asylum seeker was hospitalised and required critical care after contracting Covid-19 in May 2020.
Mr Dogbey had suffered a 'very severe' episode of Covid-related pneumonia, with associated multiple organ failure.
The tribunal referred to a letter from his GP, which detailed how he was experiencing 'post Covid-19 syndrome'.
And, it was heard that he had been diagnosed with moderately severe PTSD and major depressive disorder [MDD].
Mr Dogbey argued that there would be 'very significant obstacles' to his integration in Ghana, if he were to be returned.
This was after the Home Office ultimately rejected his asylum claim in December 2023.
The judge heard Mr Dogbey is taking part in a 'Covid-19 Rehabilitation Programme' and is receiving physiotherapy appointments.
He has appointments arranged for CT and Ultrasound scans, and has been referred to the Neurology department at All Bucks Hospital in Buckinghamshire.
The panel, made up of Upper Tribunal Judge Khan and Deputy Upper Tribunal Judge Gill, said they were 'satisfied' that Mr Dogbey's health conditions 'persist' and agreed that he was a 'seriously ill person'.
Lawyers representing the Home Office argued that both treatment and medical care is available to Mr Dogbey in Ghana.
They said there are psychiatric hospitals in the West African country.
But the panel noted they 'conceded' to mention that the psychiatric care offered in Ghana has been deemed 'insufficient'.
Mr Dogbey's lawyers referred to a report which stated he would be 'highly unlikely' to receive professional mental and physical health services in Ghana.
The tribunal heard that only 0.6 percent of Ghanaians with a major depressive disorder are able to receive treatment.
It was said that even those patients who are able to access mental health treatment received 'poor quality of care'.
The judgement said: 'Ghanaians with severe mental health illnesses are referred to psychiatric hospitals and prayer camps.
'They experience 'human rights abuses in both' where they suffer further trauma.'
The lawyers said that the 'Ghanaian crisis of mental health care and the mistreatment of the mentally ill' has received 'international attention'.
They referred to evidence which stated that in hospitals patients are 'forcibly coerced, including being sedated and beaten, into taking the prescribed mental health medication, and are given electroconvulsive therapy without use of anaesthesia'.
The judgement added: 'Furthermore, post Covid treatment in Ghana is 'practically non-existent'.'
It was heard that there is 'only one private psychologist trained in trauma focused therapy' in Ghana.
And, the country's healthcare system does not cover psychiatric or psychological counselling services, meaning that those practising are 'not regulated' and had been 'evidenced to cause harm'.
The panel heard that one expert said Mr Dogbey would experience an 'intense and overwhelming' level of suffering if he were to return to Ghana which would be 'intolerable'.
The Consultant Clinical Psychologist said he would 'not be able to cope with the rapid and severe decline in his mental health'.
Judge Gill said: 'Given the severe and systemic problems identified in the provision of mental health services, and with no evidence before us to suggest that the position is likely to change, we determine that mental health treatment is not reasonably likely to be accessible or become available to Mr Dogbey for his mental health conditions.
'We therefore find... that Mr Dogbey would face a real risk of being exposed to a serious, rapid and irreversible decline in his state of health resulting in intense suffering.'
The judge said he is allowed to stay on the grounds of Article 3 of the European Convention on Human Rights act.