Author: Isabella Kirwan

Isabella Kirwan

Isabella is a barrister at G37 Chambers specialised in public law, human rights and international law.

States cannot refuse asylum claims by LGBTQI+ people based on the ‘discretion test’ alone

28 November 2024 No Comments

In M.I. v. Switzerland – 56390/21 (Article 3 – Prohibition of torture : Third Section) [2024] ECHR 862 the European Court of Human Rights has

Asylum, Cases

States cannot refuse asylum claims by LGBTQI+ people based on the ‘discretion test’ alone

In M.I. v. Switzerland – 56390/21 (Article 3 – Prohibition of torture : Third Section) [2024] ECHR 862 the European Court of Human Rights has said that failure to properly assess the risk of ill treatment of an LGBTQI+ person in their country of origin and whether state protection was...

28th November 2024

Author: Isabella Kirwan

Isabella Kirwan

States cannot refuse asylum claims by LGBTQI+ people based on the ‘discretion test’ alone

States cannot refuse asylum claims by LGBTQI+ people based on the ‘discretion test’ alone

BY Isabella Kirwan