(Iran) ‘Does it amount to persecution according to these broad tests if the clandestine character of the homosexual activity which there has been in the past and will be on return in the future is itself the product of fear engendered by discriminatory legislation or policing which itself violates the individual’s human rights?’
Held: The case was remitted to the Tribunal for reconsideration.
Judges:
Buxton, Maurice Kay LJJ, Sir Martin Nourse
Citations:
[2006] EWCA Civ 1238, [2007] Imm AR 73
Links:
Jurisdiction:
England and Wales
Cited by:
See Also – HJ (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 . .
Lists of cited by and citing cases may be incomplete.
Immigration, Human Rights
Updated: 22 August 2022; Ref: scu.245064