Uk Immigration Law Challenge.

The UK's policy on gay and lesbian asslyum seekers is currently being challenged in the Supreme Court, as reported in this weekend's Guardian newspaper.


The laws which mean gay and lesbian asylum seekers could  be returned to countries where they would  face persecution has  been challenged in the highest court in the UK, which started Monday.


The supreme court had a three day special  hearing of two different  cases brought by gay men,   one from Cameroon and the other from Iran.   Both are appealing against previous court decisions that they should not be granted asylum in the UK and returned to their countries of origin.


One applicant, known as "T", is appealing against a tribunal decision that he could return to his native Cameroon, despite the fact that he was attacked by a mob after he was seen kissing a male partner.


The other, known as "J", was told by the tribunal that he could be expected to tolerate persecution arising from his homosexual relationship, and should behave discreetly to avoid reprisals.


The approach of the Home Office and the courts – which has relied on gay and lesbian asylum seekers hiding details of their sexuality to avoid persecution in countries where homosexuality is illegal or likely to lead to attacks – has been one of the most controversial aspects of UK asylum policy.


"[J's] right to the normal incidents of sexual identity … involves a right to associate and live openly with the partner of his choice, not having to lie repeatedly about a core aspect of his identity and, when single, openly seeking out the partner of his choice," his lawyer argued in previous appeals against the Home Office decision to refuse asylum.


Lawyers have also claimed that the approach is guilty of an assessment described by some as the Anne Frank principle.


"It would have been no defence to a claim that Anne Frank faced well-founded fear of persecution in 1942 to say that she was safe in a comfortable attic," Lord Justice Pill agreed in the court of appeal last year. "Refugee status cannot be denied by expecting a person to conceal aspects of identity or suppress behaviour the person should be allowed to express," he added.


For more on the story,  visit The Guardian's website.




The cases, both separate,  have been joined,   because they raise similar issues about persecution and homosexuality,  in what is one of the most high profile challenges to the rules regarding asylum seekers in recent years will be heard by five supreme court justices.  


This supreme court hearing is happening just weeks after a  damning new report  showed that in  gay and lesbian  claims for asylum, the  refusal rate was 98%, compared with 73% for asylum claims generally.


"It seems that the Home Office are routinely refusing applications on the grounds that lesbians and gay men can go back and be "discreet" or "relocate", said Angela Mason, the patron of the UK Lesbian and Gay Immigration Group. "Decisions are being made by Home Office case owners who lack essential training on dealing with such claims … The result is that lesbian and gay asylum seekers who are already experiencing persecution may also face discrimination in our own country."


Many gay and lesbian people from around the world,  particularly African nations wish to come and settle in the UK because of it's protective laws and openness towards homosexuality. 


Jason Shaw








Jason's blog The Seafront Diaries,  a daily tale of life from England's south coast can be found here. 





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