UTIAC (i) There has been much public expression of extreme homophobia at the highest levels in recent years.
(ii) Male homosexual behaviour is criminalised, but prosecutions are very rare. Lesbianism is not criminalised.
(iii) Some homosexuals suffer discrimination, harassment and blackmail from the general public and the police. Attempted extortion, false complaints and unjustified detentions are not so prevalent as to pose a general risk. There are no records of any murders with a homophobic element. ‘Corrective rape’ is rare, and does not represent a general risk.
(iv) There is a ‘gay scene,’ within limitations.
(v) Lesbians, living on their own or together, may face greater difficulties than gay men.
(vi) GALZ (Gays and Lesbians of Zimbabwe) takes a realistic view: Zimbabwe is ‘not the worst place in the world to be gay or lesbian even though the President, government officials and church leaders have whipped up a climate of hysterical homophobia.’
(vii) Applying HJ and HT [2010] UKSC 31, [2010] Imm AR 729, there is no general risk to gays or lesbians. Personal circumstances place some gays and lesbians at risk. Although not decisive on its own, being openly gay may increase risk. A positive HIV/AIDS diagnosis may be a risk factor. Connections with the elite do not increase risk.
(viii) The police and other state agents do not provide protection.
(ix) A homosexual at risk in his or her community can move elsewhere, either in the same city or to another part of the country. He or she might choose to relocate to where there is greater tolerance, such as Bulawayo, but the choice of a new area is not restricted. The option is excluded only if personal circumstances present risk throughout the country.
MacLeman UTJ
[2011] UKUT 487 (IAC)
Bailii
England and Wales
Immigration
Leading Case
Updated: 01 November 2021; Ref: scu.450988