Now asylum if you're gay

ASYLUM claims could soar after judges upheld appeals by two gay men who were to be deported.

ASYLUM Judges upheld appeals by two gay men who were to be deported ASYLUM: Judges upheld appeals by two gay men who were to be deported

The men, from Iran and Cameroon, had been refused asylum by the Appeal Court under Labour on the grounds that they could avoid ill-treatment by hiding their sexuality or behaving discreetly.

But the Supreme Court overturned their deportation yesterday. The cases will now be reconsidered.

Campaigners last night warned it could mean millions might try to claim they are gay to qualify for asylum in Britain. Supreme Court judge Lord Rodger said gay people’s right to live freely must be protected.

He said: “Just as male hetero­sexuals are free to enjoy themselves playing rugby, drinking beer and talking about girls with their mates, so male homosexuals are to be free to enjoy themselves going to Kylie concerts, drinking exotically-coloured cocktails and talking about boys with their straight female mates.”

MigrationWatchUK chairman Sir Andrew Green warned: “This could lead to a potentially massive expansion of asylum claims as it could apply to literally millions around the world.

“An applicant has now only to show that he [or she] is homosexual and intends to return and live openly in one of the many countries where it is illegal, to be granted asylum in the UK. The judges are no doubt interpreting the letter of the international convention correctly but the consequences are potentially huge.

“The principle of asylum is, rightly, widely supported but it should be a matter of domestic law. It is high time that we reviewed our adherence to an international convention drawn up nearly 60 years ago in entirely different circumstances.”

Conservative MP Philip Davies said: “It’s a dangerous game to play to go down this line because it’s quite feasible that this could offer an ideal line of defence for someone who wants to try to avoid being kicked out of the country, whether it is true or not that they are gay.

“By its very nature, it’s very difficult to prove one way or another. My concern would be that this may well be exploited by some people as a way of avoiding deportation.”

Home Secretary Theresa May welcomed the Supreme Court ruling saying it was in line with the Government’s pledge not to deport asylum seekers who had fled their countries because their sexuality put them at “proven risk” of jail, torture or execution.

But yesterday Lord Hope, Supreme Court deputy president who chaired the hearing, predicted that more and more gays and lesbians may seek protection in Britain if it was denied in their home countries.

He said that persecution of them had increased around the world, because of Iran’s “ultra-conservative interpretation of Islamic law’’ and “rampant homophobic teaching’’ by right-wing evangelical Christian churches in much of sub-Saharan Africa.

“It is one of the most demanding social issues of our time. Our own government has pledged to do what it can to resolve the problem but it seems likely to grow and to remain with us for many years,’’ said Lord Hope.

His court ruled that the Court of Appeal’s previous decision breached the 1951 UN Convention on the Status of Refugees which defines refugees and their rights.

The Convention provides that members of a social group, which can include those with the same sexual orientation, are entitled to asylum if they can show they have a well- founded fear of persecution at home.

The court said immigration tribunals should decide if the applicant is gay and if they would face persecution at home if they lived openly. If they chose to keep their sexuality secret for social reasons, such as not wanting to upset parents, they should be refused.

One of the men in the case – known only as applicant “T” – had appealed against a decision that he had to return to Cameroon, where gays can be jailed for up to five years and where he had been attacked by a mob after he was seen kissing a male partner. Applicant “J” had been told he should behave discreetly in Iran, where homosexual acts can be punished with public flogging or execution.

The Court of Appeal had found that both men could conceal their sexual orientation to avoid the risk of being persecuted and neither had a “well-founded fear of persecution” which entitled them to protection.

But after yesterday’s ruling asylum decisions will now be considered under new rules. Mrs May stressed that decisions would still be made on a “case-by-case” basis.

Jill Roberts, of Refugee Action, said: “We are relieved that the Supreme Court has acknowledged that the discretion test is unacceptable and was effectively asking gay people to deny their own identity and live with the daily threat of discovery.’’

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