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No risk of persecution for gay men in India despite criminalisation


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So says the tribunal in MD (same-sex oriented males: risk) India CG [2014] UKUT 65 (IAC), anyway. And even if there was risk in the home area, the tribunal considers that relocation within India is generally reasonable and “LGBT support organisations” can provide help going underground if need be (para 170). Some might think having to go underground and seeking protection from non state actors was a sign of being persecuted, but apparently not.

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.


3 Responses

  1. Going underground is hardly in the spirit of drinking colourful cocktails and attending Kylie concerts!

  2. Unfortunately the tribunal and HJ(Iran) just don’t seem to be acquainted with each other. Someone should introduce them… (It isn’t just India- the general position appears to be the survival of British colonial law against homosexuality doesn’t mean persecution, even if you bring evidence showing the law is actually being enforced).

  3. I can’t help wondering, if there were a country with laws on the statute book that prohibited the exercise of a religion, such as Christianity, would not the courts be swift to grant asylum to followers of that religion fleeing that country?