The past has been marked by great civil rights and feminist movements. . However the movement for gay rights, which is still in progress, seems to have lacked in the much-needed support from the general population and the media. Despite this, the summer of 2010 has managed to be successful for the Lesbian, Gay, Bisexual and Transgender (LGBT) community within the law of the United Kingdom, the European Union and the United States of America. In the UK, the Supreme Court has ruled that gay asylum seekers could not be forced back to their home countries and be made to be discrete over their sexuality within society (HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department). One of the appellants, HT, is a Cameroonian citizen and he comes from a country well known for criminalising homosexuality. As a country it institutionalises homophobia, with the LGBT community fearing police brutality and living in a culture of fear and persecution. The Court of Appeal previously ruled that in this case, the appellants would not face a “well-founded fear of persecution” in Cameroon and therefore will not be entitled to protection under the 1967 Refugee Convention protocol. This is due to the assumption that HT would conceal his sexuality if he returns. If he does so successfully, HT would not be under the attention of the state and would not need to fear persecution; thus HT would be able to live a “reasonably tolerable” life. The Supreme Court over-ruled this, holding that the “reasonable tolerability” test is contrary to the Convention and thus is not good law.
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