YD (Algeria) v Secretary of State for the Home Department (UK Court of Appeal) 2020

YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683, 14 December 2020

‘The Upper Tribunal did not err in relying on the earlier country guidance case of OO (Algeria). That case did properly consider whether gay men in Algeria had a well-founded fear of persecution. It addressed itself to the correct question of how an openly gay man would be treated in Algeria; it did not restrict the definition of persecution to acts of violence and did consider all the relevant evidence and circumstances. It was entitled to find on the evidence that, outside the family, a gay man in Algeria would not face a real risk of persecution. The fact that the Appellant would not live openly as a gay man if he returned because of social, cultural and religious norms in Algeria did not amount to persecution. Nor would it be unduly harsh on the facts of this case for the appellant to relocate within Algeria to avoid the risk of ill-treatment at the hands of his family. The Upper Tribunal was entitled to find that there were no significant obstacles to his reintegration into Algeria. For those reasons, this appeal is dismissed.’

ECHR ART 8, RISK ON RETURN, HOMOSEXUALS, ALGERIA, UNDULY HARSH, INTERNAL RELOCATION, PERSECUTION, CUMULATIVE, TRANSGRESSION OF SOCIAL MORES, DIRECTIVE 2004/83/EC, UN CONVENTION ON REFUGEES, INTEGRATION