Profound implications of gay asylum case

Event Date:

Monday, 2 August 2010

In ruling on a case concerning two gay men - one from Iran and one from Cameroon – the Supreme Court has fundamentally changed UK asylum law in relation to persecution arising from future behaviour.

Prior to the ruling, the accepted policy of the UKBA was that a homosexual people did not qualify for asylum if by living ‘discreetly’ and hiding their sexuality they could avoid persecution in their home countries.

However, in delivering the leading judgement, Lord Rodger stated:

“A gay man applies for asylum in this country. The Secretary of State is satisfied that, if he returns to his country of nationality and lives openly as a homosexual, the applicant will face a real and continuing prospect of being beaten up, or flogged, or worse. But the Secretary of State is also satisfied that, if he returns, then, because of these dangers of living openly, he will actually carry on any homosexual relationships “discreetly” and so not come to the notice of any thugs or of the authorities. Is the applicant a “refugee” for purposes of the United Nations Convention relating to the Status of Refugees 1951? The answer is yes.”

Although a landmark judgment for gay and lesbian asylum seekers, the ruling also has far reaching implications for many others, including political and religious activists who could (and arguably would) modify their behaviour to prevent persecution.

An immigration barrister at Renaissance Chambers who writes the free movement blog explains:

“[The case] establishes that where a person would in future refrain from behaving in a way that would expose them to danger because of the risk of persecution that behaviour brings, that person is a refugee…The context in [the instant case] is famously homosexuality — would a gay man or lesbian woman have to conceal aspects of their sexuality in order to avoid persecution — but the legal principle is a wider one of profound significance. It gives proper life to the Refugee Convention.

The Court’s decision has been greeted with celebration and relief by asylum seekers and the organisations that support them. Home Secretary Theresa May has also stated her support and confirmed that future asylum decisions will be conducted under the new rules. The Liberal Democrat deputy leader, Simon Hughes, called for other countries to follow suit.

Profound implications of gay asylum case

Profound implications of gay asylum case

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