Case Law

The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country. The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not have a birth certificate from Hungary, a change in the birth register being the way name and gender changes were legally recognised. The Court concluded that a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life owing to the refusal to give him access to the legal gender recognition procedure.

16 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Birth Certificates - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life | Countries: Hungary - Iran, Islamic Republic of

13 January 2012 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Administrative law - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution - Standard of proof | Countries: Iran, Islamic Republic of - Netherlands

On appeal from the England and Wales Court of Appeal: [2009] EWCA Civ 172. The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

7 July 2010 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Cameroon - Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

Unofficial translation by the Immigration Appeals Board, Norway.

29 June 2010 | Judicial Body: Norway: Supreme Court | Topic(s): Cessation clauses - Changes of circumstances in home country - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Refugees - Social group persecution | Countries: Iran, Islamic Republic of - Norway

Application for leave to appeal from the Asylum and Immigration Tribunal.

18 November 2009 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal (AA/04063/2007).

10 November 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Arbitrary arrest and detention - Christian - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Mental health - Persecution on the basis of sexual orientation or gender identity - Post-traumatic stress disorder (PTSD) - Religious persecution (including forced conversion) - Social group persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal: HJ (Homosexuality: Reasonably Tolerating Living Discreetly) Iran [2008] UKAIT 00044. The judgment was subsequently appealed before the Supreme Court: [2010] UKSC 31.

10 March 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: United Kingdom of Great Britain and Northern Ireland

Application for permission to appeal from the Asylum and Immigration Tribunal (AIT No: AA/02579/2007).

26 August 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal (AA/00377/2007).

31 July 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Death penalty - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Prosecution vs persecution - Social group persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 25 February 2008. Decision following remittal for reconsideration by the Court of Appeal: J v. Secretary of State for the Home Department [2006] EWCA Civ 1238. The decision was further appealed before the Court of Appeal: HJ (Iran) v. Secretary of State for the Home Department; HT (Cameroon) v. Secretary of State for the Home Department [2009] EWCA Civ 172.

10 May 2008 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Iran, Islamic Republic of - United Kingdom of Great Britain and Northern Ireland