Updates, commentary, training and advice on immigration and asylum law

Gay men from St Lucia can claim asylum in the UK

THANKS FOR READING

Older content is locked

A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more

TAKE FREE MOVEMENT FURTHER

By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;

  • Single login for personal use
  • FREE downloads of Free Movement ebooks
  • Access to all Free Movement blog content
  • Access to all our online training materials
  • Access to our busy forums
  • Downloadable CPD certificates

The Upper Tribunal has decided that gay men are at risk of persecution in St Lucia and can claim asylum in the UK. The case is TK (gay man) [2019] UKUT 92 (IAC).

The headnote reads:

On the evidence adduced to this Tribunal, the appellant, as an openly gay man in St Lucia, has a well-founded fear of persecution on the grounds of his sexuality. (This case is not reported as a country guidance case but records the evidence leading to the Tribunal’s conclusion at para [54].)

Paragraph 54 says:

I conclude that there is a real risk of persecution for gay men who are openly gay in St Lucia. The respondent has accepted that this appellant will act discreetly because of a fear of persecution. It follows that the appellant has been successful in establishing the sole issue raised in this appeal: he has a well-founded fear of persecution in St Lucia.

There is a detailed review of conditions in St Lucia in paragraph 53. Upper Tribunal Judge Plimmer notes that it is “a deeply conservative, traditional and religious society in which there is widespread disapproval of homosexuality” and that “over the last 10 years men perceived to be gay have been murdered in particularly violent circumstances, and there is no obvious explanation for this, other than their perceived sexuality”.

Interested in refugee law? You might like Colin's book, imaginatively called "Refugee Law" and published by Bristol University Press.

Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.

Relevant articles chosen for you
CJ McKinney

CJ McKinney

CJ McKinney is a specialist on immigration law and policy. Formerly the editor of Free Movement, you will find a lot of articles by CJ here on this website! Twitter: @mckinneytweets.

Comments