UK Policy on Lesbian and Gay Asylum Seekers Challenged in Supreme Court

It now seems that the laws that say gay and lesbian asylum seekers can be returned to countries where they may face persecution will be challenged this week in the UK's highest court. The supreme court is to start a three day hearing of two separate cases brought by gay men – one from Cameroon and the other from Iran. They are appealing against previous court decisions that they should not be granted asylum in the UK.

One applicant is appealing against the tribunal decision that he could return to his native Cameroon, despite the fact that he was attacked by a mob after he was seen kissing a male partner. The other applicant, was told by the tribunal that he could be expected to tolerate persecution arising from this homosexual relationship and should behave discreetly to avoid reprisals. Right now the approach on this matter by the Home Office and the courts, which has relied on gay and lesbian asylum seekers hiding details of their sexuality to avoid persecution in areas where homosexuality is illegal or likely to attacks, has been one of the most controversial aspects of the UK asylum policy.

The courts have told the men that they could return to their countries and avoid attacks by acting with discretion. The cases, which have been joined because they raise similar issues about persecution and homosexuality, will be heard by five supreme court justices. The hearing also comes weeks after a new report on the treatment of lesbian and gay claims for asylum seekers found that the refusal rate was 98 percent.