Human rights—Asylum seekers—Risk of persecution

Supreme Court, 7 July 2010, Lord Hope (Deputy President), Lord Rodger, Lord Walker, Lord Collins and Sir John Dyson SCJ.

The fact of being homosexual may be grounds for asylum; the Supreme Court has given guidance as to the appropriate steps for tribunals in such cases.

Raza Husain QC and Laura Dubinsky (instructed by Paragon Law) for HJ. Charles Bourne and Jane Collier (instructed by Treasury Solicitor) for the defendant in HJ’s case and Charles Bourne and Paul Greatorex (instructed by Treasury Solicitor) in HT’s case. Monica Carss-Frisk QC and Peter Jorro (instructed by Wilson & Co) for HT.  Karon Monaghan QC, Jessica Simor and Helen Law (instructed by the Equality and Human Rights Commission) for the Equality and Human Rights Commission as intervener. Michael Fordham QC and Naina Patel (instructed by Baker & McKenzie LLP) for the UN High Commissioner for Refugees) as intervener.

Both appellants were gay men. HJ was an Iranian national who claimed asylum on