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Case Law

Refugee Appeals Board
01/09/2005
Area Asylum and subsidiary protection
Grounds of discrimination Discrimination on ground of sexual orientation
Discrimination on ground of sexual orientation , Right to asylum , Denmark .
Key facts of the case:

A male Iranian citizen had entered in a homosexual relationship with a school friend in Iran. The applicant had received threats from his own father and his boyfriend’s family. He applied for asylum in Denmark.

Main reasoning/argumentation:

The Board decided that there was no reason to assume that the applicant would risk being persecuted by the authorities because of his homosexuality if he returned to Iran. The Board however found that the applicant would risk assaults as included in paragraph 7 (2) of the Danish Aliens Act if he returned to Iran. The decision was based on former assaults by the brothers of the applicant’s boyfriend and the fact that the brothers and the applicant’s father had threatened the applicants’ life.

Results:

Asylum denied in accordance with section 7 (1) of the Danish Aliens Act (no risk of persecution from authorities). Asylum granted in accordance with section 7(2) because of risk of assault if returning to Iran.