Gay man prevented from deportation to Iran thanks to charity intervention

The European Court of Human Rights (ECtHR) yesterday ruled that a gay man living in Switzerland should not be deported from Switzerland to Iran, thanks to intervention from charities Stonewall and African Rainbow Family. 

A legal team led by Dr S Chelvan, Head of Immigration and Public Law at 33 Bedford Row and Jacqueline McKenzie at Leigh Day drafted the written submissions for the charities to intervene and prevent him being deported back to Iran where he could face an unimaginable future, because homosexual relationships in Iran are a criminal offence and people face the death penalty. 

The Court also addressed and confronted the legal premise of discretion – that the applicant could avoid persecution by concealing their identity or exercising restraint if he was returned to Iran. The Swiss authorities’ view that it was unlikely his sexual orientation would come to the knowledge of the Iranian authorities or population and that he therefore faced no real risk of ill treatment – was rejected by the Court. 

This case is life-changing for the individual. And the outcome will also have an impact on many others, because the issues of law arising from it – including the discretion premise - will now also apply to 46 countries including the UK when determining protection claims from LGBTQ+ applicants seeking sanctuary in Council of Europe Member States.  

The full judgement can be read here.  

The original intervention alongside our partners African Rainbow Family is available to read here.

Standing up for LGBTQ+ safety 

We will always work to ensure the safety and security of all LGBTQ+ people. 

Simon Blake, CEO of Stonewall said: 

“This judgement by the European Court of Human Rights is wonderful news. Our joint intervention means this man can now live their life free from the threat of torture or worse in a country where it is safer to be themselves. This case paves the way for many more people to achieve the same outcome. 

“Our previous work to secure the freedom of people from Afghanistan was crucial to shape our intervention in this case. We will continue to push for the safety of the LGBTQ+ community in countries where they can succumb to direct physical harm for just being who they are. 

“We commend the hard work and commitment of our legal team at 33 Bedford Row and Leigh Day for enabling our intervention, together with our co-interveners, African Rainbow Family, who continue to fight for fair access to asylum for LGBTQ+ people.”  

Find out more 

African Rainbow Family’s press release is available here.  

Read the announcement from our legal team here. 

Read more about our work with LGBTQ+ refugees here.