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Saturday, 24 July 2010

Government: exhausted LGBT asylum cases can be reviewed

We will be examining this more closely in a future post.

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 

1 comment:

  1. Paul,

    There are many lesbian and gay asylum seekers who will be effected by this extremely important judgment.

    Those who are still in the asylum system (awaiting a decision or who still have appeal rights)should be approcahing their legal representatives to ensure that representations/arguments are made in light of this judgment.

    Those whose claims have failed because the Home Office said they 'can go home and be discreet' should be seeking legal advice as to whether they now have a 'fresh claim' on the basis of this case. They can contact their previous advisor or contact UKLGIG to see if there is a solicitor available through them.
    The government will not be taking any steps on behalf of those whose claims have failed, it is up to those indviduals to get themselves legal advice on a fresh claim.

    Kind regards,

    Barry O'Leary


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