Public Law - Asylum Seeker in the USA - Essay Example

?Introduction Case Reference We have been instructed by the Hackling ton Council to advise on their responsibilities towards Mr. Imran. Client Profile Name of the client: Mr. Imran. Native Country: Islamic Republic of Iran. Presently residence: Hackling ton, UK. Residential Status in the UK: Asylum seeker Medical Record: Mr. Imran is suffering from traumatic stress disorder and severe depression. Currently, Mr. Imran mental state required medical attention, which has been, given in shape of his voluntarily induction in weekly counseling from social workers in Hackling ton, London. His past record has shown his tendencies towards committing suicide due to the above mentioned mental state. Community Support & attitude: Mr. Imran has received no support from his community and was in constant danger within Iran (his native country) and within the UK (where he is currently residing). Recently Mr. Imran has been asked to leave his accommodation. Background of Mr. Imran: Mr. Imran had been accused of promoting gay rights in Iran, which has led to his departure from Iran to the UK. Capital punishment for the offence in Iran is the death sentence. Mr. Imran’s house was subject to a raid by the Iranian Authorities in the year 2009, which became the reason for his fleeing to the UK. Statements of Facts: Mr. Imran had to flee from Iran as he was in fear of his life. Promoting gay rights within the UK is not considered offense. Mr. Imran does not have any past criminal record. The client has been mentally disturbed due to the nature of events. He has in 2010, attempted to commit suicide when his partner was caught in Iraq. He is currently seeking help from Government of the UK, in the form of Asylum. Constant threat looms around Mr. Imran’s life within Iran, not only from Iranian Authorities, but also the Iranian society. As Islamic law prohibits promoting gay rights, and any individual found guilty would be given death sentence. People also consider such person as outcasts and have aggressive attitude towards such person. Issues to be Addressed – For Consideration of His Asylum Application in the UK: 1. Is the applicant any threat to the Government or to the people of the UK? 2. Could the applicant live a tolerable life, if he is made to return to Iran? 3. Had the applicant openly disclosed his sexuality, what would have transpired? 4. Presence of evidence suggesting that the applicant is sexually gay? 5. Was the applicant concealing his sexuality because of the social pressure or was he concealing it to avoid prosecution? Brief Summary of Replies for the Above Questions- Clients Perspective: Since the applicant is himself a victim and does not hold any criminal record, he does not pose any threat to the UK Government and its people. He can provide facts about his relation with his partner and can also take assistance from previous affiliations, if he had any with the gay community or social working groups. He can easily provide evidence of ill treatment from the Authorities and communities towards gays in Iran, by providing cases of people who had been already acquitted with such charges. It is almost impossible for him to return to Iran and keep his sexuality discreet and live a normal life. Summary of Relevant Statuary Provisions According to the law’s of United Kingdom, a person will only be granted asylum if he is in the UK. He is a person who is either a refugee or an individual who required International protection. The individual in any ground is a threat to security, or he has not been convicted for any serious crime, or does not present any threats or dangers to the society of the United Kingdom. Any individual’s application in such matter, if denied and the individual due to denial has to leave to a country where that individual is threatened for his life falls within breach of Geneva Convention. In the United Kingdom, grave harm comprises of the capital punishments like execution, torturing, unlawful killing, harsh treatment, which disgraces or, degrades an individual. Any threats which can have an effect on the person’s life by act of violence in his returning country. The law states when a person is judged on homosexual grounds then it’s a perquisite that the evidence of homosexual is presented. The consideration of the fact, they are open about their sexuality, and if they are, does he live in fear of being prosecuted over being a homosexual. If the tribunal comes to know that the individual in order to avoid prosecution, lived confidentially his application shall be allowed (Stonewall, 2008). Similar Case –From Past In the year 2006, a person was granted asylum for the United Kingdom on the basis that an individual who cannot live a reasonable life or cannot tolerate life conditions, even if he had kept his sexual orientation discreet to avoid prosecution. Such a person still qualifies to the category of a Refugee (UK Border Agency, n.d). The main question in this case was regarding whether that person was expected to live a reasonable life, like keeping his sexuality a secret if he went back to his native country in this case the country was Iran (Asylumlaw.org, 2009). Questions in Discussion The questions stated above were in light of United Kingdom’s law. The main focus was Mr. Imran who qualified as a refugee. The question regarding the applicant being a threat to Government or its Society can be further looked upon under the existing UK law. United Kingdom law considers any person who has a criminal background a threat to its citizens. In Mr. Imran’s case the applicant does not hold any previous record of any misconduct; hence he does not pose any threat to the Government nor the citizens. Next in discussion is whether Mr. Imran could lead a tolerable life, if he is sent back to Iran. In line with the United Kingdom law, the reply in the simplest term would be that since Mr. Imran was living a tolerable life in Iran, but his house was raided, he was alleged for promoting homosexual activities, there is no way that he can return and live a normal life. Hence, if he returns to Iran not only he is going to face punishment but also will be ridiculed in the society. As per the United Kingdom’s law, Mr. Imran clearly falls within the category of a Refugee. If he is sent back, then that would be a breach of Geneva Convention. Thirdly, the point of openly disclosing his sexuality, what would have transpired? The argument in question can have no two ways. In the past, not only the people have been flogged, but also executed over openly declaring their sexuality, i.e. being a homosexual. In a similar case, a young man from Iran who recently won his case and got an asylum in the United Kingdom, was attacked and thrown out of school when his sexuality was discovered. Learning from the prior cases, it can be said confidently that Mr. Imran declared his sexuality; he would have been subject to torture, ridicule and severe punishment. Fourth question was about presenting evidence regarding his sexuality. Mr. Imran can easily prove within the court that he had a partner with whom he spent a lot of time. Not only just that he had been part of many communities and organization of their sexual orientation. His episode of suicide also occurred as his partner was prosecuted. Lastly, the concealing of his sexuality was because of his peer or family pressure or was it to avoid prosecution. Under the United Kingdom law, Mr. Imran can maintain the fact; it was only because of his house being raided that he flees Iran otherwise he would have been subjected to punishment. His peer’s and family had nothing to do, because he was living along and his family knew about his socializing with certain homosexual males, groups and communities. They were also aware of his partner, which led to life threats and caused him to move from the parent’s house to his own. Conclusion and Recommendation Upon the answers previously given, we can reach the conclusion that Mr. Imran is under a lot of stress. His mental state does not allow him to return to Iran, where he will face prosecution as well as constant life threats. According to the United Kingdom law, any individual in a life threatening situation upon his return to origin country classifies as a Refuge. Mr. Imran case falls under this category. With Iranian track record, he will not be welcomed by the society. It would be impossible for him to live a tolerable life. In our viewpoint, Mr. Imran should fight his case with perspective in mind that his life is in constant danger and living a tolerable life would be next to impossible for him in Iran. He holds no criminal record and does not pose any threat to the Government or the Society of the UK. His case can further be backed up by his treatment within the UK from his society, leave alone what will become of him in Iran. Mr. Imran from our viewpoint can be provided necessary assistance with his treatment and accommodations within the UK. He can further be assisted by providing him with the sense of equality and a normal life. As under the UK law, everyone holds equal rights no matter what his sexual orientation is. We conclude by stating that under the UK law, being open about sexuality is not a crime and is one of the fundamental rights of a person. References Asylumlaw.org, 2009. Sexual Minorities & HIV Status. [Online] Available at: http://www.asylumlaw.org/legal_tools/index.cfm?category=116&countryID=233 [Accessed 29 October 2011]. Stonewall, 2008. Asylum and Humanitarian Protection. [Online] Available at: http://www.stonewall.org.uk/documents/stoasylum_guide.pdf [Accessed 27 October 2011]. UK Border Agency, n.d. Part 11 - Asylum. [Online] Available at: http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part11/ [Accessed 28 October 2011]. Read More