Mishcon de Reya wins gay asylum seeker appeal

Posted on 02 August 2010

The Mishcon team, led by Maria Patsalos and assisted by Abby Brindley, appealed successfully to overturn this refusal with the presiding Immigration Judge stating that "an expectation that such a man should marry to mask his immutable nature, is clearly unreasonable."

The case comes at the same time as a Supreme Court ruling that gay asylum seekers who can demonstrate a well-founded fear of persecution on return to their country of origin should be granted refugee status; and that the previous "discrete" test was in contradiction to the Human Rights Act.

Mishcon de Reya handled the majority of the case on a pro bono basis and Counsel also acted pro bono. The case came to Mishcon through Pink Law which, in partnership with the Legal Advice Centre of the School of Law at Queen Mary, University of London, offers a pro bono service of legal advice from the students to the gay, bisexual and transgendered community, under the guidance of Mishcon lawyers. The team of students working with Mishcon lawyers won the Best Team of Students Category in the Law Works and Attorney General Students Awards 2010.

This case was swiftly followed by another successful outcome for a gay Iranian client of the Firm in respect of an application initially submitted in June 2003.

For further information contact Penny Jones on 0207 284 6954.