Home Office is “still falling short” in evaluating LGBTQI asylum claims

The UK Lesbian and Gay Immigration Group (UKLGIG) is an independent organisation established in 2003 that ensures “dignity and equality in the asylum process for LGBTQI+ asylum seekers”.

In a report, titled ‘Still Falling Short: The standard of Home Office decision making in asylum claims based on sexual orientation and gender identity’ the group has identified, on the basis of reviewing 48 substantive asylum interviews and Home Office refusal letters for claimants from 25 countries dating between March 2015 and December 2017, as well as 32 decisions of the First-tier Tribunal made since March 2015, several lingering problems with the way in which the Home Office administers asylum claims made on the basis of a fear of persecution owing to a person’s sexuality or gender identity.

MI (Palestine) in the Court of Appeal : Country Guidance in Article 3 Asylum and Protection Claims

The Court of Appeal last week gave an important judgment in the case of MI (Palestine) v SSHD [2018] EWCA Civ 1782 that clarifies and confirms the test for claims made for asylum or humanitarian protection on the basis of Article 3 in situations where it is arguable that poor country conditions are the result of the “direct or indirect actions of parties to the conflict.” Previous caselaw that applied this test successfully to Somalia has now potentially been extended to Gaza also.

 The test as clarified by MI (Palestine)

In this case,

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