ECHR ruling protects Iranian gay man

The European Court of Human Rights (ECtHR) has ruled that Switzerland cannot deport a gay man to Iran, a significant decision expected to impact asylum and deportation cases for LGBTQ+ individuals across all 46 Council of Europe nations, including the UK. This judgment, delivered in the case of M.I. v Switzerland, eliminates the “discretion reasoning” that has often been applied by courts to suggest that LGBTQ+ individuals can safely return to their home countries by concealing their sexual orientation.

Jacqueline McKenzie, head of the immigration team at Leigh Day, represented African Rainbow Family and Stonewall as intervenors in the case and lauded the court’s decision: “This ruling is a watershed moment that puts an end to the reasoning that it is safe to return gay men who are discreet about their sexuality to countries where they would be in danger if their sexuality were to be discovered.” She highlighted the importance of the decision for all LGBTQ+ individuals facing potential deportation to countries where homosexuality is criminalised or even punishable by death.

The ECtHR’s ruling emphasises that discretion cannot be used as a rationale for returning LGBTQ+ individuals to countries where they may face severe harm.