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REFUGEE ACTION WELCOMES SUPREME COURT RULING ON GAY ASYLUM SEEKERS

Wednesday July 7th 2010

The Supreme Court today ruled that two gay men who said they faced persecution in their home countries have the right to asylum.

The test case looked at whether it breached the UN Convention on Refugees, and Human Rights legislation, for officials to instruct two gay men to return to their home countries and act discreetly about their sexuality to avoid persecution.

The discretion test has been used since 2006 both by the Home Office and immigration courts.

Refugee Action welcomed the decision and urged the Home Office to ensure that the rights of gay asylum seekers are safeguarded in the future.

Jill Roberts, Chief Executive of Refugee Action, said: "We are relieved that the Supreme Court has acknowledged that the discretion test is unacceptable and was effectively asking gay people to deny their own identity and live with the daily threat of discovery. The UN Convention clearly states that people have a right to protection who are facing persecution because they belong to a certain social group in their society.

"We are calling for further training for UKBA staff in the law, culture and everyday practise that influences a gay persons right to live freely and safely in their own country. It is crucial that the right decision is made first time so that people are not returned to danger."

ENDS

For more information please contact Julia Ravenscroft,
Press Officer at Refugee Action, on 0161 831 5454 or 07771 748 159.

Notes to editors:

Refugee Action is an independent, national charity working to enable refugees to build new lives in the UK. We provide practical advice and assistance for newly arrived asylum seekers and support their settlement through community development work. As one of the country's leading agencies in the field, Refugee Action has 28 years' experience in pioneering innovative work in partnership with refugees and advised more than 40,000 asylum seekers and refugees last year. For more information, visit www.refugee-action.org.uk