Title YD (Algeria) v. Secretary of State for the Home Department: Skeleton Argument of the Intervener
Publisher UN High Commissioner for Refugees (UNHCR)
Publication Date 21 February 2020
Country Algeria | United Kingdom of Great Britain and Northern Ireland
Topics Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Persecution on the basis of sexual orientation or gender identity
Citation / Document Symbol Appeal No. C5/2018/0718 (B)
Related Document(s) YD (ALGERIA) Appellant - and - SECRETARY OF STATE FOR THE HOME DEPARTMENT AND UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Intervener
Cite as UN High Commissioner for Refugees (UNHCR), YD (Algeria) v. Secretary of State for the Home Department: Skeleton Argument of the Intervener, 21 February 2020, Appeal No. C5/2018/0718 (B), available at: https://www.refworld.org/docid/5f3cdf314.html [accessed 4 October 2022]
Comments In summary, UNHCR will submit that: a. The Upper Tribunal (“UT”) in OO (Algeria) [2016] UKUT 65 (IAC) erred in concluding that, since the evidence fell short of establishing a real risk of physical attack against gay men, they faced no real risk of persecution. b. The UT should instead have considered whether all of the consequences of living openly as a gay man in Algeria, considered cumulatively, met the threshold of persecution. c. The UT should also have considered whether the very fact of concealment, of itself, amounted to persecution. d. In both this case and OO (Algeria), the UT took the wrong approach to considering the question of internal relocation in relation to the concealment of one’s sexual orientation.