British asylum reprieve for gay Iranian

It's a bizarre story. Mehdi Kazemi, a gay Iranian, is requesting asylum in the United Kingdom. London rejects his request, and Kazemi flees to the Netherlands. In principle the Dutch authorities do not extradite Iranian homosexuals, but nonetheless they refuse to take his case into consideration, because of European rules. So Kazemi is again risking to be put onto a plane to Iran. Following protests, the British government decides to review its earlier rejection of his asylum request.

London's decision to reopen the case must come as a relief to the Dutch Deputy Minister of Justice, Nebahat Albayrak, who was in a complicated situation. As an MP, she opposed the then Immigration Minister Rita Verdonk who wanted to extradite a number of Iranian gays in 2005. Now, herself in government, Ms Albayrak appeared forced to do the same with Mehdi Kazemi.

The reason is that the Dublin Accords allow an asylum seeker to lodge an asylum request in just one European country. Mr Kazemi did so in the UK, where he resided as a student when early in 2006 he was told by relatives that his ex-boyfriend Parham had been hanged in Iran.

National rules Last week, British MEP Sarah Ludford together with her Dutch colleagues was campaigning in the European Parliament on behalf of Kazemi. She says that there was nothing in the rules to stop the Netherlands from taking over the case:

"The Dublin system does not bar a member state from deciding, it just doesn't oblige it to. But we have this ability for member states to shuffle people around, and that is only necessary because the systems aren't common. They are not qualitatively harmonised." All EU member states are supposed to protect people who are being persecuted on the grounds of race, religion or sexuality. But to a large extent they can make their own rules as to what kind of evidence of such persecution they require.

According to the Dutch rules it suffices if you demonstrate that you belong to a group that is being suppressed in your country of origin. Which groups those are is determined on the basis of a list of the Foreign Office. The British authorities, however, demand individual proof of persecution.

Contradiction "I never experienced any trouble in Iran," Mr Kazemi admitted in a letter he sent to the British authorities. But his ex-partner Parham is said to have named Mr Kazemi, before he was executed. "If I go back now I will be arrested and condemned to death." But the British authorities concluded that there is no independent way to ascertain whether Parham was actually executed because of his homosexuality.

Officially, 'lavat' - practising homosexuality - is punishable by death in Iran. But the official guidelines on Iran of the British Home Office say there is a contradiction between theory and practice, and most gays are not punished. Lacking any concrete evidence of persecusion, London decided to turn down the asylum request.

Theory A similar problem had occurred in the Netherlands. When then Immigration Minister Verdonk wanted to resume the extradition of Iranian gays in 2005, her decision was based on similar observations on the differences between theory and practice. Two gay teenagers had been hanged in the Iranian city of Mashhad shortly before. But later it transpired that the two had also been found guilty of raping a minor.

Yet in the end the Netherlands continued to grant residence permits to Iranian gays. Verdonk motivated this policy by a recent report of Human Rights Watch, which emphasised that Iran was systematically persecuting gays.

MEP Sarah Ludford says it is risky to rely on possibly outdated government guidelines:

"The actual country information about Iran that the Home Office is working on does not sufficiently stress and highlight the very severe repression and execution that is happening to gay Iranians. So I think the Home Office needs to look again."

But will the United Kingdom really adapt the guidelines to the facts on the ground, or will London just observe that there is sufficient reason to grant asylum in this specific case?

Perverse The "new circumstances" that British Home Secretary Jaqui Smith was referring to could be the recent media attention which makes it dangerous four Mr Kazemi to return to Iran. But that would be "perverse", according to Ms Ludford:

"This is not the only gay Iranian who is at risk not only of his liberty but his life by being returned. And so it could have the perverse effect of the Home Secretary saying, 'well there's been so much publicity that there's no way he could be safe, whereas for other people, we could quietly ship them back'. So we have to carry on." Mehdi Kazemi may have been saved, although there still is a theoretical chance that he will be handed a single ticket to Tehran, but that is not a real solution - far from it.

IIRC, many European countries won’t extradite wanted criminals to the US if they potentially face the death penalty. How could they return gay Iranians since they face certain death?

but would it not be a violation of current EU law to send some one back when it´s possible that she/he gets executed? as far as i know we do not even send murders back to the USA until the state department guarantees that they will not face death penalty.

At least the Dutch will now allow him to have Gay sex in public parks legally. One last fling before he gets shipped back to Iran.

I agree.In Norway we have is terrible case.A young Iranian woman who were granted asylum because she was a lesbian.Later she left Islam in Norway and converted to Christianity .She married and gave birth to a baby girl.She will be sendt back to Iran because she no longer is a lesbian and the claim that she is not in danger anymore.

That’s just terrible. Disgraceful, actually. Isn’t she married to a Norwegian and the mother of a Norwegian? How can they deport her under those circumstances?

I’ll try to explain as I understand it.
The British/EU get a lot of asylum seekers/regugees from many countries. In order to not become the refuge of every gay person in Iran (or elsewhere), their stance has been : if you’re gay, just don’t advertise it or behave gay in public in Iran, and the regime won’t find out, so then you won’t be arrested and risk execution.

This guy saved himself by going public, so now Iranian regime knows who and what he is, so his life really would be in danger if he were sent back.

No her husband is not Norwegian either.Kurdish asylum seeker.The child will not be considered as a norwegian when the parents are not.So legally she can be sendt back to Iran.However considering to what great lengths the Norwegian government try to protect murderers and terrorist against receiving the death penalty is seems very unfair that they are so eager to send this little family back to Iran.

This should be a non issue.

President Ahmanutjob is on public record saying that there are no homosexuals in Iran.

As a result, just because this queer thinks he is a queer, he really is not.

Therefore, logic dictates, that this queers partner was executed for some other reason other than his homosexuality.

Case closed.

it may sound heartless from the government but it´s not against the law to send her back. anyway i guess this family did never had a real chance to live together in norway. because none of them is norwegian. so the state can kick out her husband anytime too. or even the baby is possible.

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