Gay men from St Lucia will be allowed to claim asylum in the UK the Upper Tribunal has decided.
In the case of TK (gay man) [2019] UKUT 92 (IAC), there was found to be a real risk of the persecution of men who are openly gay on the Caribbean island nation of St Lucia after the the appellant was successful in establishing that he has a well-founded fear of harm and discrimination. The decision of the court formally recognises the fact that gay men are at risk and has opened the way for them to claim asylum in the UK.
Homosexuality is still a criminal offence on the island. The criminalisation of same-sex sexual relationships combined with the prevalent homophobic attitudes in society and the government led to the decision being made in the appellant’s favour. When describing the deeply conservative, traditional and religious society on the island, the tribunal made mention of the fact that openly gay men in St Lucia face daily harassment, verbal taunts and threats. They also face discrimination in obtaining accommodation and employment. Because there is widespread disapproval of homosexuality, many fear being disowned by family, and stigmatised by society. All of these factors combined with institutionalised homophobia, the real threat of violence and possibility of criminal prosecution mean gay men are subject to a climate of significant fear and anxiety on the island.
When all of the evidence was considered cumulatively, the Upper Tribunal found openly gay men face a real risk of persecution on the entire island of St Lucia and that the requisite high threshold was met. The decision has not however been designated a country guidance case as the number of asylum applicants from St Lucia is very low.
