The Supreme Court has ruled that homosexual asylum seekers should not be forced back to their homeland if doing so would result in persecution or the need to conceal their sexuality. The ruling was made in a case involving HJ, from Iran, and HT, from Cameroon, who are both gay men.  They claimed asylum in the United Kingdom based on a fear that they would be persecuted if they were returned to their home countries.  The Secretary of State for the Home Department refused asylum in both cases. The men appealed to the Court of Appeal which decided that they could be returned to their home countries because it could be expected that they could exercise discretion in their behaviour and sexual identity and so there was no real risk of persecution. The Supreme Court overturned this decision. HJ and HT's case will now be sent back to the Home Office for a fresh decision to be made.

John Wadham, the Equality and Human Rights Commission’s Group Legal Director, welcomed the decision, saying:

'This judgment sends a clear message to the government that they must properly take into account a genuine risk of mistreatment due to a person’s sexuality when reviewing asylum status. A gay person should be allowed to live openly if they choose; concealing their sexual identity to avoid persecution is not something they should be forced to tolerate.’