HJ v Secretary of State for the Home Department; HT v Same ú – WLR Daily

HJ v Secretary of State for the Home Department; HT v Same ú [2010] UKSC 31; [2010] WLR (D) 174

“To reject a gay person’s claim for refugee status on the ground that, if returned to his home country, he could avoid persecution by living discreetly would be to deny his right, protected by the 1951 Convention and 1967 Protocol relating to the Status of Refugees, to live freely and openly as himself without fear of persecution. The current test, that such a claim would fail where the claimant could reasonably be expected to live discreetly concealing his sexual identity to avoid persecution, if returned to his home country, was wrong and should not be followed.”

WLR Daily, 8th July 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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