Fyne Times Gay and Lesbian Magazine, UK

Supreme Court rules in favour of gay asylum seekers

The Supreme Court has ruled that two gay men have a right to asylum in the UK. The pair took their case to the court when they were told by the Home Office that it was safe for them to return to their home countries, even though homophobia is rife in their home nations. Both men were told that their return would be safe as long as they were ‘discreet’ about their sexuality. The Cameroonian man, known as HT, described how he was attacked after he was seen kissing his partner. Meanwhile the Iranian man, known as HJ, was told by his tribunal that discretion would help him avoid homophobic attacks.

Both men took their case to the Supreme Court where Lord Hope ruled that forcing somebody to deny their sexuality was against their fundamental rights."To compel a homosexual person to pretend that his sexuality does not exist or suppress the behaviour by which to manifest itself is to deny him the fundamental right to be who he is." An earlier Court of Appeal decision said the government could return the pair to their home countries on the basis that they could be discreet, despite homosexuality being illegal in both countries and HT suffering violence from his neighbours.

The ruling will have a wide-ranging effect on the hundreds of other foreign nationals seeking asylum due to homophobia. Gay rights organisations are hailing the case as a milestone in the international fight for gay rights.