Successful challenge to certification of human rights claim for gay man
3 October 2025
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A gay man from India has successfully challenged a decision by the Home Secretary to certify his human rights claim, meaning that he was unable
A gay man from India has successfully challenged a decision by the Home Secretary to certify his human rights claim, meaning that he was unable
We have written this article to share knowledge on the importance of ensuring the confidentiality and safety of clients who make visa applications for entry
A new commentary by Asylos, in partnership with Rainbow Migration, has considered the Home Office’s country policy and information note on sexual orientation and gender
People claiming asylum based on their sexual orientation, including homosexuality and bisexuality, may form part of a “particular social group” which qualifies for protection under
On 14 December 2020, the Court of Appeal in YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 dismissed the
The UK’s official guidance on the human rights situation in countries producing asylum seekers is too often out of date and should be better resourced,
A non-binary gender identity can form the basis of an asylum claim, the Upper Tribunal has expressly confirmed for the first time. The case is
In B & C v Switzerland (application no. 43987/16 and 889/19) the European Court of Human Rights has unanimously held that the deportation of asylum
On 7 July 2010, the Supreme Court handed down its landmark decision in HJ (Iran) [2010] UKSC 31, in which it established how asylum applications are
On a warm summer’s day in late July, five sets of appellant lawyers found themselves in Court 4 of the Upper Tribunal in Field House,
The recently published UK Lesbian & Gay Immigration Group report Still Falling Short examines the Home Office’s decision-making in asylum applications from LGBTQI+ people. The
Safira,* who identifies as a lesbian woman, grew up in Nigeria. Because of her sexual identity, Safira’s family members abused her, physically and psychologically, in
In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and
Recent statistics on asylum grants to gay people represent a breakthrough rather than a breakdown in the system – acting as a sword, rather than
The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office,
The Upper Tribunal has found in the case of MSM (journalists; political opinion; risk) Somalia [2015] UKUT 00413 (IAC) [BAILII](with UNHCR intervening) that a Somali journalist
The treatment of lesbian, gay, bisexual and trans asylum seekers has been notoriously poor for many years. In 2010, my organisation, the UK Lesbian and
In welcome news for LGBT asylum claimants, the Court of Justice of the European Union ruled this week that ‘tests’ to prove a claimant’s sexual orientation,
Today the Home Office has belatedly allowed publication of an investigation by the Chief Inspector of Borders and Immigration, John Vine, into the assessment of
According to the recent Missing the Mark report by the excellent UK Lesbian and Gay Immigration Group, a worryingly high proportion of LGBTI asylum claims are
A gay man from India has successfully challenged a decision by the Home Secretary to certify his human rights claim, meaning that he was unable to appeal the refusal. He will now be able to appeal the refusal of his human rights claim to the tribunal. This is a Scottish...
We have written this article to share knowledge on the importance of ensuring the confidentiality and safety of clients who make visa applications for entry clearance based on same sex relationships, and our experience of the steps that can be taken to achieve this. Being in a same sex relationship...
A new commentary by Asylos, in partnership with Rainbow Migration, has considered the Home Office’s country policy and information note on sexual orientation and gender identity and expression in Georgia and identified various assertions on risk that are inconsistent with or unsupported by the country evidence elsewhere in the note....
People claiming asylum based on their sexual orientation, including homosexuality and bisexuality, may form part of a “particular social group” which qualifies for protection under the Refugee Convention. In deciding whether to accept an asylum claim, part of the Home Office caseworker’s job is to assess the person’s overall credibility....
The UK’s official guidance on the human rights situation in countries producing asylum seekers is too often out of date and should be better resourced, the immigration inspector has found. David Bolt suggests that if the Home Secretary is serious about fixing what she calls a “broken” asylum system, she...
A non-binary gender identity can form the basis of an asylum claim, the Upper Tribunal has expressly confirmed for the first time. The case is Mx M (gender identity – HJ (Iran) – terminology) El Salvador [2020] UKUT 313 (IAC). Background to asylum claim Mx M is a citizen of...
In B & C v Switzerland (application no. 43987/16 and 889/19) the European Court of Human Rights has unanimously held that the deportation of asylum seekers to countries where they risk persecution for their sexual orientation would violate the Article 3 prohibition on torture and inhuman or degrading treatment under...
On 7 July 2010, the Supreme Court handed down its landmark decision in HJ (Iran) [2010] UKSC 31, in which it established how asylum applications are to be decided when applicants flee persecution on the basis of their sexual orientation. The ruling effectively ended the wrongful expectation that applicants remain...
On a warm summer’s day in late July, five sets of appellant lawyers found themselves in Court 4 of the Upper Tribunal in Field House, huddled together on what could only be characterised as “the naughty step”. Unaware at the start of the day the rationale for the hearings before...
The recently published UK Lesbian & Gay Immigration Group report Still Falling Short examines the Home Office’s decision-making in asylum applications from LGBTQI+ people. The report is a qualitative study of mainly lesbian, gay and bisexual cases. It analyses Home Office interview records and reasons for refusal letters to assess...
Safira,* who identifies as a lesbian woman, grew up in Nigeria. Because of her sexual identity, Safira’s family members abused her, physically and psychologically, in an attempt to “cure” her of what they considered “demonic tendencies”. Her family eventually disowned her, and she was rejected by her church. When she...
In today’s case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identity of an asylum seeker. I personally find the fact that this issue went to...
Recent statistics on asylum grants to gay people represent a breakthrough rather than a breakdown in the system – acting as a sword, rather than shield, in advancing protection of queer refugees, argues S Chelvan of No5 Barristers Chambers. Long-awaited experimental statistics on asylum claims based on sexual orientation were...
The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter...
The Upper Tribunal has found in the case of MSM (journalists; political opinion; risk) Somalia [2015] UKUT 00413 (IAC) [BAILII](with UNHCR intervening) that a Somali journalist would be at risk of persecution if returned to Somalia and that, crucially, he cannot be expected to change profession in order to avoid...
The treatment of lesbian, gay, bisexual and trans asylum seekers has been notoriously poor for many years. In 2010, my organisation, the UK Lesbian and Gay Immigration Group, exposed that 98-99% of gay and lesbian asylum seekers had been refused asylum and told to go back, often to violently homophobic...
In welcome news for LGBT asylum claimants, the Court of Justice of the European Union ruled this week that ‘tests’ to prove a claimant’s sexual orientation, or intimate questioning about sexual behaviour, may breach the rights to human dignity and respect for private life contained in Articles 1 and 7...
Today the Home Office has belatedly allowed publication of an investigation by the Chief Inspector of Borders and Immigration, John Vine, into the assessment of asylum claims based on sexual identity. The report was handed to Theresa May on 31 July 2014 and it is today published alongside a document...
According to the recent Missing the Mark report by the excellent UK Lesbian and Gay Immigration Group, a worryingly high proportion of LGBTI asylum claims are refused because the Home Office does not believe that the claimant has ‘proved’ his or her sexual orientation.
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