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.
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.
