Title YD (ALGERIA) Appellant - and - SECRETARY OF STATE FOR THE HOME DEPARTMENT AND UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Intervener
Publisher United Kingdom: Court of Appeal (England and Wales)
Publication Date 14 December 2020
Country Algeria | United Kingdom of Great Britain and Northern Ireland
Topics Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Persecution on the basis of sexual orientation or gender identity
Citation / Document Symbol [2020] EWCA Civ 1683
Related Document(s) YD (Algeria) v. Secretary of State for the Home Department: Skeleton Argument of the Intervener
Cite as YD (ALGERIA) Appellant - and - SECRETARY OF STATE FOR THE HOME DEPARTMENT AND UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES Intervener , [2020] EWCA Civ 1683, United Kingdom: Court of Appeal (England and Wales), 14 December 2020, available at: https://www.refworld.org/cases,GBR_CA_CIV,61c9aa574.html [accessed 1 October 2022]
Comments 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.
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