U.K. Court Rules Jamaica may be Categorized as Unsafe for Gay Asylum Seeker (March 4, 2015) [1]
On March 4, 2015, the Supreme Court of the United Kingdom unanimously rejected [3] the U.K. government’s designation of Jamaica as safe for a rejected gay asylum seeker in R v. Secretary of State for the Home Department. According to the press summary [4], Jamar Brown, a citizen of Jamaica, sought asylum in the United Kingdom on the ground that as a homosexual he would be persecuted if returned to Jamaica. Pending the resolution of his claim, he was detained and his case was fast tracked pursuant to section 94 of the Nationality, Immigration, and Asylum Act [5] under which Jamaica had been designated [6] a state in which there was “in general . . . no serious risk of persecution of persons entitled to reside in that State.” After a series of legal challenges, the government appealed to the Supreme Court for a determination of whether Jamaica should be on the list of designated states. Reasoning [3] that “persecution within the meaning of the Refugee Convention [7] will by its nature often be directed towards minorities” and because the “risk attaches to all who are homosexual, lesbian, bisexual or transsexual,” the Court held that the risk faced by such persons in Jamaica “can only properly be described as a ‘general’ risk.” The Court unanimously dismissed the government’s appeal.