Thursday, 29 July 2010

Supremes decision implications: what next for LGBT asylum claims?

By Paul Canning

On Saturday we reported that the government had confirmed in Parliament that refused LGBT asylum claims can be reviewed in the light of the Supreme Court decision.

Replying to Lord Avebury, Baroness Neville-Jones said that:
Asylum decision-makers ... 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.
Asylum lawyer Barry O'Leary of Wesley Gryk Solicitors tell us that:
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 approaching 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.
We also note that the new country information Official Guidance Notes for both Iran and Iraq both have their LGBT sections marked in red as "under review" and those using them are advised to "consult a Senior Caseworker as necessary".

HT: Free Movement


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