Russell Blakely wins Supreme Court case regarding gay asylum-seekers

Who? Russell Blakely, 37, immigration solicitor at London firm Wilson Solicitors.

Why is he in the news? Acted for HT from Cameroon in the Supreme Court, in a case that overturned the Home Office’s policy of refusing asylum to gay people afraid of persecution in their home country.

HT’s appeal for asylum failed because, although the Home Office and the immigration tribunal accepted that he was gay and had been brutally attacked in Cameroon, they held that the attack was an isolated incident and he should simply keep his sexual identity secret for the rest of his life.

He was awaiting deportation back to Cameroon when the charity UK Lesbian and Gay Immigration Group referred his case to Blakely.

Blakely took the case to the Court of Appeal, where he argued that it was an error of law to dismiss the significance of the past attack and to tell HT that he would have to live in a permanent state of fear and secrecy. The Court of Appeal, however, found that HT had no evidence to show it was unreasonable for him to tolerate lifelong secrecy. It also said that deference should be paid to the strong views on homosexuality held in Cameroon.

Blakely took HT’s case to the Supreme Court, which dismissed the Home Office’s and Court of Appeal’s argument as ‘absurd and unreal’. The Supreme Court said that gay people had the right to be who they were without having to live in fear.

The case will now be sent back to the Home Office for a fresh decision to be made.

Home secretary 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.’

Thoughts on the case: ‘What happened to HT shows the vicious and arbitrary way in which the system deals with the most vulnerable people. The Home Office accepted basically everything he said, including that he was beaten and stabbed by a mob because he was gay. But the response to those accepted facts was callous indifference.’

Why become a lawyer? ‘People seeking asylum are very vulnerable, but often poorly served by solicitors. The Legal Services Commission, with the fixed-fee scheme and massive bureaucracy, make the situation even more difficult. The firm I work for, Wilson Solicitors, has battled against this for years to ensure people get the representation they need. Luckily I was given the opportunity to work there.’

Career high: ‘Reading the judgment of the Supreme Court, with its uncompromising and principled defence of the rights of gay people.’

Career low: ‘Reading the earlier Court of Appeal judgment in this case.’