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The current legal status of ‘discretion’ in LGBT and religious cases
12th October 2017
Although the seminal Supreme Court decision of HJ (Iran) did away with any requirement of LGBT refugees to be ‘discreet’ to avoid persecution, the Court also found that if a person would in fact be discreet for their own reasons, and not to avoid persecution, they are not refugees. Despite successive cases finding that this should be narrowly applied, including the recent case of LC (Albania), the Home Office, and the courts, are still refusing claims on grounds of ‘discretion for own reasons’ and, in effect, often requiring the person to be discreet, which is contrary to HJ (Iran). This seminar will examine the real meaning of the Supreme Court’s test, how it has since been interpreted by the courts in LGBTQ and religious cases and how to ensure HJ (Iran) is applied correctly by the Home Office and the judiciary.
Date: 12th October 2017
Time: 6:30pm – 8:30pm
Venue: St Bride’s Foundation, Bride Lane, Fleet Street, London EC4Y 8EQ