YD (Algeria) v. Secretary of State for the Home Department: Skeleton Argument of the Intervener

In summary, UNHCR will submit that: a. The Upper Tribunal (“UT”) in OO (Algeria) [2016] UKUT 65 (IAC) erred in concluding that, since the evidence fell short of establishing a real risk of physical attack against gay men, they faced no real risk of persecution. b. The UT should instead have considered whether all of the consequences of living openly as a gay man in Algeria, considered cumulatively, met the threshold of persecution. c. The UT should also have considered whether the very fact of concealment, of itself, amounted to persecution. d. In both this case and OO (Algeria), the UT took the wrong approach to considering the question of internal relocation in relation to the concealment of one’s sexual orientation.