LGBTQ+ asylum expert reports apply the HJ (Iran) [2010] UKSC standard, which rejected the discretion argument. LGBTQ+ individuals cannot be expected to live discreetly to avoid persecution. Experts assess risk on open living, not concealed living.
Reports cover criminalisation statutes, state enforcement practices, societal attitudes, non-state actor risks, and internal relocation feasibility for openly LGBTQ+ individuals across multiple jurisdictions.
Persecution experts provide thematic analysis complementing country-specific evidence where granular country conditions are also required for the tribunal.
Frequently Asked Questions
What is the HJ (Iran) three-part test?
The tribunal must assess: (i) is the appellant gay or belongs to the relevant LGBTQ+ group?; (ii) would they be open about their sexuality in the UK?; (iii) if they returned and lived openly, would they face a real risk of persecution?
Can one expert cover LGBTQ+ claims from multiple countries?
Yes. Persecution experts provide thematic LGBTQ+ analysis across jurisdictions. For highly specific country conditions, a combined persecution and country expert approach may be needed.