May: "Asylum decisions will be considered under the new rules"
The Supreme Court has ruled that two gay men who faced persecution in their home countries have the right to asylum in the UK.
The panel of judges unanimously agreed to allow the appeals from a Cameroonian and an Iranian. Their applications for asylum had been rejected on the grounds they could hide their sexuality by behaving discreetly.
Five Supreme Court justices were asked to decide whether a gay applicant could be refused asylum on the grounds that he could avoid ill treatment by concealing his sexuality.
Reading the judgement, Lord Hope said: "To compel a homosexual person to pretend that his sexuality does not exist or suppress the behaviour by which to manifest itself is to deny his fundamental right to be who he is.
"Homosexuals are as much entitled to freedom of association with others who are of the same sexual orientation as people who are straight."
According to BBC reports, in Iran, homosexuals face punishment ranging from public flogging to execution while in Cameroon, they face prison sentences ranging from six months to five years.
Home Secretary Theresa May welcomed the ruling, saying that the verdict “vindicates the position of the coalition Government”.
“We have already promised to stop the removal of asylum seekers who have had to leave particular countries because their sexual orientation or gender identification puts them at proven risk of imprisonment, torture or execution.
“I do not believe it is acceptable to send people home and expect them to hide their sexuality to avoid persecution.”
Ms. May said that from now, “asylum decisions will be considered under the new rules.”
The judgement, she said, “gives an immediate legal basis for us to reframe our guidance for assessing claims based on sexuality, taking into account relevant country guidance and the merits of each individual case.
“We will of course take any decisions on a case by case basis looking at the situation in the country of origin and the merits of individual cases in line with our commitment.”
Donna Covey, Chief Executive of the Refugee Council said it was hugely encouraging that the Supreme Court “had ruled in favour of gay asylum seekers, and rejected the ludicrous ruling that they should ‘hide’ their sexuality on return to their home country as a means of protecting themselves.”
“It is about time refugees fleeing their countries because of persecution over their sexuality are acknowledged as being legitimately in need of safety here, in line with those fleeing other human rights abuses,” she added.
Ms. Covey said Refugee Council was pleased with the Government’s pledge “to stop the deportation of gay asylum seekers to countries where they will be at risk. Now as part of the Government’s welcome review into the asylum system, we urge them to focus on ensuring gay asylum seekers, and all those seeking safety from persecution in our country, can have the protection they need.”
The TUC also welcomed the Supreme Court’s ruling saying they have supported campaigns by individuals seeking asylum from countries where homosexuality is illegal, where they face severe punishment including violent attacks from mobs and execution.
TUC General Secretary Brendan Barber said the ruling gives legal force to the Government’s decision not to return LGBT asylum seekers to countries where they face severe persecution.
He said the ruling “means that the Home Office must abandon its shameful practice of using the 'keep quiet and you will be safe' argument to return lesbian, gay and bisexual asylum seekers to persecution and death in their native countries. The TUC has written to the Home Secretary to seek a meeting to press for the policy and practice of the UK Border Agency to be changed immediately."
John Wadham, the Equality and Human Rights Commission’s Group Legal Director, welcomed the decision, saying it “sends a clear message to the Government that they must properly take into account a genuine risk of mistreatment due to a person’s sexuality when reviewing asylum status.
“A gay person should be allowed to live openly if they choose; concealing their sexual identity to avoid persecution is not something they should be forced to tolerate.”
By Stephen Ogongo
