Five
supreme court justices said gay and lesbian asylum seekers should not be
expected to exercise discretion in their home countries to avoid
persecution. Their ruling met with cheers and applause from campaigners.
Lord Hope, one of the judges, said that for many years some countries
had simply insisted homosexuality did not exist, which avoided the evil
of persecution.
However, anti-gay sentiment had dramatically worsened in some places,
fanned by the rampant homophobic teaching that right-wing evangelical
Christian churches indulge in throughout much of sub-Saharan Africa
and the ultra-conservative interpretation of Islamic law that
prevails in Iran.
The gulf was set grow, he said. More and more gays and lesbians
are likely to have to seek protection here as protection is being denied
to them by the state in their home countries.
The home secretary, Theresa May, said the ruling was a vindication of
the coalition government's decision to halt the deportation of asylum
seekers whose sexual orientation had put them at proven risk of
imprisonment, torture or execution: I do not believe it is acceptable
to send people home and expect them to hide their sexuality to avoid
persecution. Asylum decisions will be considered under the new
rules.
The Liberal Democrat deputy leader, Simon Hughes, said he hoped the
ruling would go some way to restoring Britain's reputation as a human
rights haven. He appealed to other countries to follow.
But Sir Andrew Green, chairman of the campaign group Migrationwatch,
said the ruling could apply to millions of people around the world.
He added: An applicant has now only to show that he or she is
homosexual and intends to return and live openly in one of the many
countries where it is illegal, to be granted asylum in the UK. The
Home Office said this was unlikely, as each individual had to prove they
faced a personal threat of persecution or imprisonment.
|