Asylum Appeal Won on Sexual Orientation Grounds
Our immigration team here at Sterling Law, led by Josephine Smith, are pleased to share a successful asylum appeal outcome. After an initial refusal of asylum in March of 2024, our client still faced a well-founded fear of persecution back home due to his sexual orientation as a member of a particular social group. Through detailed planning and the use of both expert and country evidence, Josephine was able to achieve this successful result before the first-tier tribunal which allowed the appeal.
The Client’s Situation and the Risks He Faced
Our client, a citizen of russia, faced serious risks due to his identity as a gay man and the fear of forced conscription arising from his anti-war views, with the risk heightened further by the possible exposure of his HIV condition during a mobilisation medical. He recounted being continually threatened due to his role in organising an LGBT+ event, though the tribunal did not accept all elements of his account.
Country and Expert Evidence
Evidence of multiple instances of police action against LGBT+ people were explained by the country expert, with examples of arrests at gay bars and nightclubs being given, alongside the 2023 designation of the international LGBT+ movement as an “extremist organisation” in russia. Due to russian laws on the restrictions of “LGBT propaganda,” the expression of any LGBT+ behaviour is effectively outlawed by the state, thereby supporting the judge’s decision to accept the appeal. The tribunal confirmed that LGBT+ people in russia are recognised as a particular social group under the Refugee Convention.
Forward-Looking Risk Under HJ (Iran)
Furthermore, it was found that were the client to return home he would have to continue to hide his sexuality, as a result of fear, and may not be safe even attending a gay bar, which under HJ Iran and HT (Cameroon) v SSHD [2010] UKSC 31, warrants the acceptance of the asylum appeal based upon fear of persecution.
A Case Built on Future Risk, Not Every Past Event
Despite the overall successful nature of the case, the judge unfortunately did not accept much of his personal account of past mistreatment, which the client may feel doesn’t reflect his lived experience, but this didn’t prevent the tribunal from finding a genuine, well-founded fear of future persecution based on his sexuality and the current situation in russia. The case succeeded based upon forward-looking risk, not on the tribunal accepting every claimed past event, still leading to a more than positive outcome for the client.
The Outcome for Our Client
As a result of Josephine’s hard work, the client has now been granted protection status giving him the security to build his life in the UK, free from the risk of removal to russia. He will also be able to see his sister who is a UK citizen more often, again highlighting the genuine and positive impact our work has on our clients.
