HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department
United Kingdom Supreme Court · [2010] UKSC 31 · 7 July 2010 · United Kingdom
Key principle
Requiring an applicant to hide a fundamental characteristic to avoid harm is not a permissible answer to a refugee claim.
Facts
Two gay men from Iran and Cameroon were told they could avoid persecution by behaving discreetly on return. They challenged that reasoning.
Legal questions
May refugee protection be refused because an applicant could avoid persecution by concealing their sexual orientation?
Holding
No. If concealment would be undertaken because of a well-founded fear of persecution, the claim to refugee status is made out; decision-makers must ask why the applicant would act discreetly.
Practical relevance
Widely cited common-law authority against the 'discretion requirement' beyond the UK.
Limitations
Applies domestic UK asylum framework; comparable but not identical to CJEU/ECtHR reasoning.
General information only. ImmigrationLGBT is not a law firm and this summary is not personalised legal advice. Consult a qualified lawyer or accredited representative in the relevant jurisdiction. Legal status and subsequent treatment of the decision may have changed.