Gay Iranian asylum seeker wins landmark case in Cyprus court

The Cyprus (south) Supreme Constitutional Court has unanimously overturned a decision by the Administrative Court to reject an asylum application by an Iranian national based on fears of persecution due to sexual orientation, according to a ruling dated October 16, 2024.

The court found that relevant authorities failed to investigate conditions in Iran, the appellant’s country of origin, regarding the criminalisation of homosexuality.

The case concerns an Iranian national who entered Cyprus illegally in May 2016 and applied for political asylum in January 2017, citing his homosexuality as grounds for protection.

Key points from the ruling include:

• The Asylum Service and Refugee Review Authority were obliged to investigate conditions in Iran for homosexuals, regardless of the appellant’s interview responses.
• The European Court of Justice has previously ruled that criminal laws targeting homosexuals constitute persecution.
• Expecting asylum seekers to conceal their sexual orientation to avoid persecution is unreasonable.

The court noted that both the Asylum Service and Refugee Review Authority had dismissed the risk of persecution upon the appellant’s return, despite claims that homosexuality in Iran is punishable by death.

The Supreme Constitutional Court concluded that the Administrative Court should have considered the claim of risk to the appellant’s life, despite it being raised for the first time in that court.

The ruling annuls the previous administrative decision and awards €4,000 in costs to the appellant.