Ruling against current Home Office guidance at an appeal hearing, the court said that it is not acceptable to refuse asylum to an individual on the basis that they can hide their sexuality to avoid persecution.
Decisions considered under new rules
Theresa May said: ‘I welcome the ruling of the Supreme Court, which vindicates the position of the coalition government. We have already promised to stop the removal of asylum seekers who have had to leave particular countries because their sexual orientation or gender identification puts them at proven risk of imprisonment, torture or execution.
‘I do not believe it is acceptable to send people home and expect them to hide their sexuality to avoid persecution. From today, asylum decisions will be considered under the new rules and the judgment gives an immediate legal basis for us to reframe our guidance for assessing claims based on sexuality, taking into account relevant country guidance and the merits of each individual case.
‘We will of course take any decisions on a case by case basis looking at the situation in the country of origin and the merits of individual cases in line with our commitment.’