Adjudication of asylum claims (refugee status determination / asylum procedures) / Persecution on the basis of sexual orientation or gender identity

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

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

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

Advance unedited version

3 April 2017 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Arbitrary arrest and detention - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Freedom of religion - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Denmark - Malaysia

8 March 2017 | Judicial Body: United States Court of Appeals for the Ninth Circuit | Topic(s): Convention against Torture (CAT) - Non-state agents of persecution - Persecution on the basis of sexual orientation or gender identity - Social group persecution - State protection | Countries: Mexico - United States of America

14 September 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Regional instruments - Safe country of origin | Countries: Albania - Netherlands

15 August 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Credibility assessment - Persecution on the basis of sexual orientation or gender identity - Social group discrimination | Countries: Australia - Lebanon

15 June 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Ghana - Netherlands

30 May 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Corruption - Credibility assessment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Police - Social group discrimination - Social group persecution - Transgression of social / cultural norms | Countries: Australia - Malaysia