Gay asylum seekers win appeal to stay in UK
The Supreme Court allowed appeals today by two gay asylum seekers who faced persecution if returned home.
Both men had been refused asylum in the UK on the grounds that they could avoid ill-treatment by keeping their sexuality secret or behaving discreetly.
The Supreme Court said the test applied by the lower courts should not be used in the future.
The new Government had already promised to review the policy before the Supreme Court ruling.
Home Secretary Theresa May said: "I welcome the ruling of the Supreme Court, which vindicates the position of the coalition Government.
"We have already promised to stop the removal of asylum seekers who have had to leave particular countries because their sexual orientation or gender identification puts 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.
"From today, asylum decisions will be considered under the new rules and the judgment gives an immediate legal basis for us to reframe our guidance for assessing claims based on sexuality, taking into account relevant country guidance and the merits of each individual case.
"We will, of course, take any decisions on a case-by-case basis looking at the situation in the country of origin and the merits of individual cases in line with our commitment."
