LGBTQ+ asylum claims are governed by HJ (Iran) [2010] UKSC, which established that LGBTQ+ individuals cannot be expected to conceal their identity to avoid persecution. Persecution experts apply this standard across all countries, assessing criminalisation, enforcement, societal attitudes, and non-state actor risks.
Expert reports address the three-part HJ (Iran) test: the appellant's sexual orientation or gender identity, their likely openness in the UK, and the risk they would face if they returned and lived openly. Country-specific conditions are analysed within this persecution framework.
Internal relocation analysis for LGBTQ+ claims requires assessment of whether relocation within the country of origin would provide meaningful protection for an openly LGBTQ+ individual, considering both state and societal persecution.
Related Persecution Types
Frequently Asked Questions
Does a persecution expert or country expert handle LGBTQ+ claims?
Persecution experts provide the HJ (Iran) framework and thematic LGBTQ+ persecution analysis across countries. Country experts provide granular conditions in a specific jurisdiction. Many LGBTQ+ claims benefit from a persecution expert report, sometimes supplemented by country-specific evidence.
How is the discretion argument addressed in expert reports?
Following HJ (Iran) [2010], the discretion argument is rejected. Persecution experts do not assess whether the appellant could live discreetly. Instead, they assess the risk the appellant would face if they returned and lived openly as an LGBTQ+ person.