Source: All England Reporter
Publisher Citation: [2002] All ER (D) 93 (Jul)
Neutral Citation: [2001] EWCA Civ 952
Court: Court of Appeal, Civil Division

Schiemann, Robert walker and Carnwath LJJ

Representation Nicholas Blake QC and Raza Husain (instructed by Hackney Community Law Centre) for Z.
  Nicholas Blake QC and Simon Cox (instructed by Hiace Solicitors) for A.
  Rima Baruah (instructed by Bhogal Lal Solicitors) for M.
  Robin Tam (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 5 July 2002


Immigration - Deportation - Refugee - Asylum - Return to home country - Homosexual - Whether refugee should be returned to home country where social and statutory inhibitions on homosexual practices - European Convention on Human Rights, art 3, 8.

The Case

Whether return of an individual under the immigration legislation to a country where his expression of his sexual desires with another adult in private was in any way inhibited was justified was a question to be decided on the facts of each case.

Practice Areas

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