The claimant was to be removed and returned to Jamaica, but claimed that as a homosexual he would be persecuted. He now challenged the inclusion of Jamaica within the last of safe countries.
Held: (Moore-Bick LJ dissenting) The appeal succeeded. A state in which there is a serious risk of persecution for an entire section of the community, defined by sexual orientation and substantial in numbers, is not a state where in general there is no serious risk of persecution. It did not follow from the absence of risk to the much larger heterosexual community that in general there was no serious risk in section 94(5) terms where an entire section of the community of significant size and defined by its immutable characteristics, was at serious risk of systematic persecution.
Moore-Bick LJ, dissenting, siad that it was not irrational for the Secretary of State to designate Jamaica as a safe state for the purposes of section 94 and subsequently to retain that designation. Opinions might legitimately differ on the question whether the proportion of LGBT people in Jamaica was so substantial as to lead to the conclusion that there was a serious risk of persecution, viewed from the perspective of the population as a whole,
Pill, Moore-Bick, Black LJJ
[2013] EWCA Civ 666, [2013] WLR(D) 252, [2014] Imm AR 105, [2014] 2 All ER 91, [2014] 1 WLR 836
Bailii
England and Wales
Citing:
Cited – Secretary of State for the Home Department v Asif Javed and Zuifiqar Ali and Abid Ali CA 17-May-2001
A designation of Pakistan as a safe place for the return of a failed asylum applicant was unlawful because there was plain evidence that persecution of women who left the marital home, whether voluntarily or by compulsion, was widespread. . .
Appeal from – Brown, Regina (on The Application of) v Secretary of State for Home Department Admn 28-May-2012
The claimant, a citizen of Jamaica, came to the UK in 2010 on a visitor’s visa with leave to remain for one month. He then applied for asylum on the ground that he is a Jamaican homosexual and feared persecution if returned to Jamaica. He was . .
Cited by:
Appeal from – Brown (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 . .
Cited – Brown (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: 14 November 2021; Ref: scu.510798