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Correspondence between his solicitors and the respondent indicates a history of cancelled and adjourned appointments, illness on the part of the appellant and lack of interpreter during an interview with the respondent, resulting in the fragmentary preparation of witness statements and interviews.7.The respondent does not accept that the appellant is bisexual or gay or that he experienced the claimed difficulties in Algeria, nor does she accept that his mother died in the manner described or at all; she rejected his claim to be in need of international protection. The Tribunal has identified this appeal as a suitable vehicle to provide country guidance on the issue of persecution of gays in Algeria.Ms Pargeter says this about the seemingly contradictory situation [3.i] whereby the Algerian state might: “display a degree of tolerance in so far as it does not actively seek out and prosecute homosexuals, Algerian society has an overtly hostile attitude towards homosexuality...
His solicitor was present throughout the hearing and his representatives were content that the arrangements for the hearing of the appeal were satisfactory.
We followed and applied the Joint Presidential Guidance Note No 2 of 2010 “Child, vulnerable adult and sensitive appellant guidance”.
The appellant escaped, received treatment at Mustafa Bacha hospital and subsequently fled to the port city of Ouarhan and travelled by sea to Spain (remaining there for about 4 days), then to France where he remained from 10th November 2008 until 13th June 2010 and then to the UK via Belgium. He claims he is sexually attracted to and enjoys physical relationships with both men and women; he fears return to Algeria because he would not be able to, and would not want to, conceal that he is attracted to both men and women. There was some delay in the appellant submitting his claim for asylum.
His age was initially disputed but subsequently accepted.
There was considerable documentary evidence before us, a schedule of which is attached. We heard oral evidence from the appellant, through an interpreter and have had regard to that evidence, in the round with the documentary evidence. Ms Smith relied upon a written report dated 13th June 2012 prepared by Ms Pargeter but this witness did not attend the hearing to give oral evidence.
Ms Pargeter describes herself as an analyst and consultant specialising in political and security issues in North Africa and the Middle East.
Representation: For the Appellant: Ms A Smith on 4th January 2012 and Ms R Chapman on 22nd and 23rd August 2012, instructed by Luqmani Thompson, Solicitors For the Respondent: Mr T Melvin, Senior Home Office Presenting Officer DETERMINATION AND REASONS Introduction1.
This is the determination of the Tribunal to which both members of the Panel have contributed.2.
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She refers to homosexuals’ fear of being a target of homophobic attacks and states that “homosexuals are forced to live an almost underground existence.” She refers to a 5 July 2000 Maghreb report by the Swiss Federal Office of Refugees Maghreb (Algerie, Egypte, Libye, Maroc, Tunisie) homosexualite et prostitution stating: “Homosexuality has always been tolerated in Islamic countries so long as it is practised clandestinely”.12.
She has held various academic posts most recently as a Senior Research Associate at the Centre of International Studies at the University of Cambridge where she led a major study on radicalisation in North Africa which was funded by the UK’s Economic and Social Research Council (“ESRC”) and included Algeria as a case study.Tags: Adult Dating, affair dating, sex dating