UK LGBT asylum seekers who have been refused asylum and all legal avenues exhausted can now ask UK Border Agency for your case to be reviewed in light of the judgement of the Supreme Court in HJ (Iran) & HJ (Cameroon).
House of Lords / 21 July 2010 : Column WA216
Asylum Seekers [ HJ (Iran) & HJ (Cameroon) ]
Lord Avebury to ask Her Majesty's Government whether they will issue an asylum policy instruction following the judgment of the Supreme Court in HJ (Iran) (FC) v Secretary of State for the Home Department and HJ (Cameroon) (FC) v Secretary of State for the Home Department; and whether they will review decisions by the UK Border Agency which may be incompatible with that judgment.[HL1207]
Baroness Neville-Jones: Asylum decision-makers were instructed to apply the new test contained in the judgment immediately after the judgment was published. They have also been asked to review, in the light of the new test, cases in which a decision has already been made but in which appeal rights have not yet been exhausted.
There will not be an automatic review of cases where appeal rights have been exhausted but individuals are able to ask for their case to be reviewed in light of the new judgment.
An asylum policy instruction will be published within the next few months. This will reflect the judgment and we will develop better training to promote understanding of sexual orientation and identity issues in order to help decision-makers to decide on the basis of the best available information and knowledge.
HT: Free Movement