7 July 2010
UK Supreme Court Rules Gay Asylum Seekers Cannot Be Expected to Hide Sexuality
Legal UK
The UK Supreme Court unanimously ruled in HJ (Iran) and HT (Cameroon) that gay asylum seekers could not be expected to conceal their sexual orientation to avoid persecution. Lord Hope described the previous 'discretion' requirement as a 'fundamental error'. The ruling established that to compel a person to hide their sexuality would deny their fundamental right to be who they are.
Impact & Significance
A landmark ruling that fundamentally reformed how LGBTQ+ asylum claims were assessed in the UK, ending the cruel practice of expecting people to hide who they are.
Reference Record
- Date
- 7 July 2010
- Era
- 2010-2019
- Sources
- 1
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Questions This Event Helps Answer
Q How did international law change LGBTQ+ rights? International law changed LGBTQ+ rights by challenging criminalisation, creating partnership recognition, protecting sexual orientation in constitutions and opening marriage equality. Q How did LGBTQ+ asylum protection develop? LGBTQ+ asylum protection developed as refugee law recognised persecution based on sexual orientation and gender identity, then tested whether asylum systems treated claimants safely and fairly.
Related Events
1981 Netherlands Grants First Asylum Based on Sexual Orientation 2004 EU Qualification Directive Includes Sexual Orientation in Asylum Protections 2013 UN Special Rapporteur Condemns Non-Consensual Intersex Surgery 2014 Home Office's Degrading Treatment of LGBTQ+ Asylum Seekers Exposed 2016 'No Safe Refuge' Report Exposes Abuse of LGBTQ+ Asylum Seekers in Detention 2022 UK Rwanda Deportation Plan Raises LGBTQ+ Safety Concerns
