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''HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department'' The case was heard on 10–12 May 2010 with a judgement delivered on 7 July 2010, in which the Court ruled unanimously that the men could not be expected to conceal their sexuality in this way, and that it was wrong to apply the so-called 'discretion test' to such claims. The cases were then both remitted to be reconsidered according to the advice contained in the judgement. ==Facts== HJ is a gay Iranian man who arrived in the United Kingdom on 17 December 2001 and claimed asylum. HT is a gay man from Cameroon who had been on his way to Montreal when he was arrested at Gatwick Airport, London, on 19 January 2007 for using a false passport, at which time he claimed asylum. The United Kingdom is a party to the United Nations Convention Relating to the Status of Refugees, which defines a refugee as "a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion... is unable or, owing to such fear, is unwilling to return to (country of nationality )." Homosexuality is generally accepted, and was accepted in this case, as forming membership of a particular social group. At the time asylum in the United Kingdom was controlled by the UK Border Agency as part of the Home Office, which refused asylum in both cases. Both men appealed their individual decisions without success, arriving in a conjoined appeal to the Court of Appeal (Pill and Keene LJJ and Sir Paul Kennedy), turned down on 10 March 2009. The Court of Appeal found that the Asylum and Immigration Tribunal had been entitled to find that HJ could reasonably be expected to tolerate the need for discretion on his return to Iran, and therefore was not entitled to asylum. The Court found that HT would be discreet on his return to Cameroon, and that he had not therefore established that there was a real risk of persecution. The Court decided that, on the basis of the 'discretion test', a State party to the Refugee Convention would be entitled to return a homosexual asylum-seeker to his country of origin if he would conceal his identity and sexuality ''and'' it would not be unreasonable to expect him to tolerate this. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「HJ and HT v Home Secretary」の詳細全文を読む スポンサード リンク
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