J v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2006)
The case of J was successfully appealed yesterday in the Court of Appeal which Femi Omere of Garden Court Chambers appeared in as junior counsel.
The case involves a homosexual from Iran who feared state persecution and owing to such fear was forced into hiding his sexuality. His case failed before the Asylum and Immigration Tribunal (AIT) but they failed to engage in the real issue of the case.
The Court of Appeal have said in emphatic terms that being forced into modifying one's behaviour which affects the expression of sexual identity is a relevant issue interms of establishing persecution, and that the court below must engage in this issue in order to detremine whether the appellant faces persecution upon return. The case has been remitted to the AIT for further reconsidersation of the relevant issues.
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