Public law - Essay Example

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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…
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Download file to see previous pages 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 ...Download file to see next pagesRead More
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