Great Britain: Follow-up to GBR33233.E of 26 November 1999 on whether Britain accepts refugee claims based on sexual orientation under the "membership in a particular group" ground of the 1951 Geneva Convention
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 27 March 2000 |
| Citation / Document Symbol | GBR34164.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Great Britain: Follow-up to GBR33233.E of 26 November 1999 on whether Britain accepts refugee claims based on sexual orientation under the "membership in a particular group" ground of the 1951 Geneva Convention, 27 March 2000, GBR34164.E, available at: https://www.refworld.org/docid/3ae6acec30.html [accessed 22 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
In correspondence dated 22 March 2000, an immigration lawyer who works closely with the Stonewall Immigration Group in London, UK, provided the following information:
By now, you probably have heard of the very important House of Lords decision in the case of Shah and Islam decided on 25th March 1999. While this case was fundamentally about whether women in Pakistan constitute a social group (and answered that case in the affirmative), four of the Lords Justice also made clear in their speeches that they considered homosexuals to constitute a social group for these purposes.
This has been accepted by the Home Office as a basic principle in their consideration of cases involving gay men and lesbians.Nonetheless, the Home Office remains very reluctant to afford refugee status on the basis of sexuality. There have been a handful of successful cases in the United Kingdom, but most of these have been won on appeal rather than at the initial decision making stage.
This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Immigration lawyer with Wesley Gryk Solicitors who works closely with Stonewall Immigration Group, London. 22 March 2000. Correspondence.
