HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Same: CA 10 Mar 2009

Each applicant had had his appeal for asylum rejected. They had said that they were practising homosexuals, and that they would face persecution if returned home.
Held: The appeals failed. In each case the social norms of the country of origin were hostile to practising homosexuals. Nevertheless, it was reasonable for the tribunal to expect an applicant to go to some extent to adjust his behaviour to accommodate such social norms. There was firm evidence that such an adjustment would result in the applicants not suffering persecution.

Judges:

Lord Justice Pill, Lord Justice Keene and Sir Paul Kennedy

Citations:

[2009] EWCA Civ 172, [2009] WLR (D) 87

Links:

Bailii, Times, WLRD

Jurisdiction:

England and Wales

Citing:

See AlsoHJ (Iran) v Secretary of State for the Home Department CA 5-Dec-2006
. .
See AlsoHJ (Iran) v Secretary of State for the Home Department CA 2-Sep-2008
Application for leave to appeal against refusal of asylum – fear of persecution. . .

Cited by:

Appeal FromHJ (Iran) v Secretary of State for The Home Department; HT (Cameroon) v Same SC 7-Jul-2010
The claimants sought to prevent their removal and return to their countries of origin saying that as practising homosexuals they would face discrimination and persecution. They appealed against a judgment saying that they could avoid persecution by . .
CitedBrown (Jamaica), Regina (on The Applications of) v Secretary of State for The Home Department SC 4-Mar-2015
B, an homosexual immigrant for Jamaica, resisted his return, saying that he would be prosecuted. The Secretary of State now appealed against a finding that his inclusion of Jamaica within the statutory list of safe countries for return was not . .
Lists of cited by and citing cases may be incomplete.

Immigration

Updated: 23 July 2022; Ref: scu.317901