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Two gay asylum seekers who said they faced persecution in their home countries have won the right to stay in the UK, the Supreme Court has ruled.

The men, from Iran and Cameroon, had previously been refused asylum on the grounds that they could hide their sexuality by behaving discreetly.

The Supreme Court’s 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.”

The government welcomed the ruling and said the policy on lesbian and gay asylum seekers would be changed with immediate effect.

Home secretary Theresa May said: “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. From today asylum decisions will be considered under the new rules and the judgment 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.”

Stonewall’s Ben Summerskill said demanding that lesbian and gay people conceal their sexuality bore “no resemblance to the reality of gay life in many countries”.

He added: “We’re delighted the government is responding to what we asked of all the political parties in the run-up to the election. Our report No Going Back shows that UK Border Agency staff urgently need better guidance and support to deal with cases involving gay asylum seekers.”

Both men have been attacked in their home countries because of their homosexuality. In Iran, punishment for homosexual acts ranges from public flogging to execution, and in Cameroon gay people face jail sentences ranging from six months to five years.

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