Law on gay asylum deportations to be reviewed
May 11th, 2010 by Chloe.Setter
Current laws that allow lesbian and gay asylum seekers to be deported to countries where they face persecution are being challenged as part of a three-day hearing at the Supreme Court in London.
Two gay men, known as ‘J’ and ‘T’, from Iran and Cameroon respectively, are appealing against previous Home Office decisions that they should not be granted asylum in the UK.
Gays and lesbians are punished severely in both countries, with public floggings common in Iran and prison sentences and homophobia “endemic” in Cameroon.
Controversially, lesbian and gay asylum seekers who are refused refuge in the UK are advised to hide details of their sexuality when deported in order to avoid persecution.
However, this has been described by some lawyers as the ‘Anne Frank’ principle, according to an article in the Guardian.
Lord Justice Pill agreed: “It would have been a defence to claim that Anne Frank faced well-founded fear of persecution in 1942 to say that she was safe in a comfortable attic. Refugee status cannot be denied by expecting a person to conceal aspects of identity or supress behaviour the person should be allowed to express.”
However, the court of appeal rejected both men’s claims to stay in the UK, interpreting the law that allows the deportation of asylum seekers if they can act with “discretion”.
The hearing, which began today, comes after a recent report about asylum claims by gays and lesbians showed the refusal rate was 98%, compared to 73% for general claims.
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