Case Law

The issues that arise on this appeal are whether the Upper Tribunal in OO (Algeria) wrongly equated persecution with a risk of being subjected to physical violence and also failed to consider, cumulatively, the impact of the treatment that gay men would face in Algeria. Further, the appeal raises the issues of whether it would be unduly harsh to require the appellant to relocate within Algeria or whether returning him to Algeria would amount to a disproportionate interference with his rights under Article 8 of the Convention given that he would conceal his sexual orientation if he returned to live in Algeria.

14 December 2020 | 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 | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland

9 May 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 1951 Refugee Convention | Topic(s): Children-at-risk - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

16 April 2014 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Convention refugee - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Regional instruments | Countries: Jamaica - United Kingdom of Great Britain and Northern Ireland

8 May 2012 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Malaysia - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal: JM (Homosexuality: Risk) Uganda CG [2008] UKIAT 00065 .

18 November 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Acts of persecution - Criminal justice - EU Qualification Directive - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life - Social group persecution | Countries: 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 (IA/12902/2007).

5 August 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Asylum policy - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Sexual and gender-based violence (SGBV) - Social group persecution | Countries: Jamaica - 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