Legal News

The European Court of Justice has ruled that Africans at risk of being imprisoned in their home countries for being homosexual are entitled to asylum in EU member states.

The EU considered the cases of three gay men from Sierra Leone, Senegal and Uganda who were seeking asylum in Holland over fears that if they remained in their homelands they would be persecuted for their sexuality.

The European Court of Justice ruled that fear of being jailed for being gay does qualify as grounds for being granted asylum in the EU. The ruling would apply to Britain as an EU member state.

The court also ruled that those seeking asylum should not be expected to have to conceal their sexuality in their home countries to avoid persecution.

The ruling states:

“The court considers that requiring members of a social group sharing the same sexual orientation to conceal it is incompatible with the recognition of a characteristic so fundamental to a person's identity that the persons concerned cannot be required to renounce it. Therefore, an applicant for asylum cannot be expected to conceal his homosexuality in his country of origin in order to avoid persecution.”

Homosexuality is illegal across many African countries – even those with strong links to the West. As a result, many gay men in African countries live in fear of reprisals if their sexuality is discovered.

The court said it would be left to individual EU member states to decide whether anti-gay policies in an asylum applicant’s home country might put them at risk of persecution for their sexuality.

The UK government said an asylum applicant must first of all prove they would be at risk of persecution before they would be granted asylum in the UK.

“The UK has a proud history of granting asylum to those who need it and applications are carefully considered before a decision is made,” said a spokesman.

Duncan Lewis’ asylum and immigration solicitors offer a full range of services to asylum seekers and those fleeing persecution in their home countries.

Duncan Lewis immigration lawyers can provide legal services in 70 languages to asylum seekers and those wishing to migrate to the UK.

Duncan Lewis is also the largest immigration practice in the UK, with a successful track record in handling asylum and immigration cases, including appeals.

Contact Duncan Lewis’ immigration solicitors on 020 7923 4020